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Fighting
the Public Charge Issue: Health Care in Los Angeles County
According
to the Center for Immigration Studies, 22.3 percent of immigrant
households received Medicaid assistance in the year 2002.
One
of the main problems is that many "sponsored," legal
immigrants are illegally becoming public charges of the welfare
and health care systems. Hospitals and welfare agencies further
the problem by failing to keep adequate records on the status
of patients and recipients. In light of the significance of
this issue, Friends of Immigration Law Enforcement (FILE) is
actively campaigning for enforcement of immigration law in order
to end the public charge problem in America.
The
Immigration and Nationality Act (INA) provides for specific
legal mechanisms to limit abuse of the welfare system, providing
for reimbursement actions against the sponsor of any immigrant
public charge. However, due to lack of information, and political
fecklessness, welfare agencies aren't seeking reimbursement.
The
problem is serious: in Los Angeles County, for example, the
Department of Health Services is running a deficit this year
of $205 million. Rampant abuse by immigrants--both legal and
illegal--plays a significant role in this financial crisis.
Hospitals
that turn a blind eye to use of the Medicaid system by sponsored
immigrants not only contribute to the problem, but they wrongly
force taxpayers to foot medical bills for foreigners. Instead,
hospitals should be seeking reimbursement from the immigrant's
sponsors--as allowed for by law.
Employees
and others who have direct knowledge of incidents in which immigrants
have wrongly accessed medical services in Los Angeles County
may be able to file a qui tam action. The action is a
kind of "whistle-blower" suit that provides private
parties to successful suits a percentage of any settlement.
In
other words, say you work in the record keeping department of
a public hospital in Los Angeles, and you have direct knowledge
that the hospital is billing the government for routine medical
procedures for immigrants. You should contact us. It is possible
that you may be able to bring a qui tam action in court
to help the government recapture the funds it has wrongly paid.
If
the suit is successful for the government, YOU
get a percentage of the winnings.
For
more information:
Public
charge and violations of "Affidavits of Support"
Jason Wyrick
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