An extreme example of medical repatriation ... ?

[Pixilated]

New Jersey man falls into a coma and wakes up in his native Poland.

What I like about this is the hospital's insistence that Wladyslaw Haniszewski "was informed regarding his discharge plan and care,” according to hospital spokesman Peter Haigney. Um, the guy was comatose. How can you legally give consent to something when you're in a coma??

[telecom_goddess]

geeze I had no idea that kind of shit was going on.

[s_stabeler]

so what are the criteria actually used to determine if somebody should be sent to another country?

[Andara Bledin]

There needs to be something done.

While I'm not sure deportation is precisely the wrong thing, I do believe that the way it's being handled is just about the worst possibly way to do it.

[crashhelmet]

so what are the criteria actually used to determine if somebody should be sent to another country?

Pretty much:

1. Non-Citizen
   Actual illegal aliens get priority
2. Inability to pay their medical bills

EDIT

If they can pay their bills, they'll keep them there as long as they can pay for. They may, or may not, report them to INS in the process, but it wouldn't be until after they get their money.

[s_stabeler]

um, even if they are a legal immigrant? Wow... that sucks. I can sort of understand it if it's illegal immigrants, but legal ones too?( and it's ICE, not INS)

[Andara Bledin]

um, even if they are a legal immigrant? Wow... that sucks. I can sort of understand it if it's illegal immigrants, but legal ones too?( and it's ICE, not INS)

This doesn't affect legal immigrants. However, this can affect "documented aliens" who are those who arrived legally but should no longer be here (generally on expired visas).

If they are legal immigrants, then the deportation of them to their country of origin would be a criminal act akin to kidnapping, I would think.

[crashhelmet]

This doesn't affect legal immigrants. However, this can affect "documented aliens" who are those who arrived legally but should no longer be here (generally on expired visas).

If they are legal immigrants, then the deportation of them to their country of origin would be a criminal act akin to kidnapping, I would think.

But it can apply to legal immigrants
From Tu Decides

However, undocumented immigrants and those on temporary visas or legal permanent residents who have been in the United States for less than five years don’t qualify for most government assistance. When they show up in the emergency room, the hospital faces a dilemma: how to care for severely-injured patients with little or no ability to pay. Some hospitals are resorting to sending them back to their native countries.

[crashhelmet]

um, even if they are a legal immigrant? Wow... that sucks. I can sort of understand it if it's illegal immigrants, but legal ones too?( and it's ICE, not INS)

I forgot INS had been broken into smaller groups. I stand corrected.

[Andara Bledin]

If they're sending back legal immigrants who are proper citizens, they should be prosecuted and be liable for all of the cost incurred with returning them to this country. It is unconscionable that we should treat any citizen, no matter how they became one or how long ago, in such a manner.

[crashhelmet]

There's a difference between a legal resident and a proper citizen. But they still try to deport Proper Citizens

There was a case where a hospital in Phoenix tried to deport a 2 day old baby (a US born citizen) that needed medical care. A lawyer got involved, had his mother transfer temporary custody to him and then called the police for kidnapping.

Linky Linky

[Panacea]

I forgot INS had been broken into smaller groups. I stand corrected.

Actually, they merged with Customs. (Immigration and Customs Enforcement or ICE). At the time, it was believed it would professionalize the INS. Didn't happen.

If they're sending back legal immigrants who are proper citizens, they should be prosecuted and be liable for all of the cost incurred with returning them to this country. It is unconscionable that we should treat any citizen, no matter how they became one or how long ago, in such a manner.

Agreed. I do think the practice is a violation of EMTALA (The Emergency Medical Treatment and Active Labor Act), which requires that patients be stable before being discharged or transferred.

In what universe is a comatose patient stable?

[s_stabeler]

I would go further than proper citizens should not be sent back. Any legal resident should not be sent back to their country of origin, even if they cannot afford medical care. Indeed, it's arguable that illegal immigrants should still be treated, THEN refer them to ICE.

[Panacea]

I would go further than proper citizens should not be sent back. Any legal resident should not be sent back to their country of origin, even if they cannot afford medical care. Indeed, it's arguable that illegal immigrants should still be treated, THEN refer them to ICE.

Exactly. You can't discharge a patient to somewhere other than their legal address without the consent of their guardian/POA.

In one case, a legal guardian was challenging the deportation and the hospital deported anyway.

Problem is, non-citizens often don't know their rights and don't have resources to fight (which is why the hospital wants to deport in the first place).

I do think that once a patient is medically stable, hospitals should have recourse to get paid or to find a place for the patient to go. They should not have to flush millions because a poor family complains they can't give the patient all the bells and whistles. A poor citizen family would have no other choice but to take the patient home or put them in a nursing home.

Still hospitals are very aggressive about getting patients out as soon as possible; I went through that with my Mother two years ago when Brother and I were trying to get legal custody of her so we could place her in a safe facilty; Mom was so demented she was no longer safe at home. The hospital didn't care; I got a lot of pressure to take her home first and I flat out refused. I understood Mom's rights under Medicare and had no trouble making lots of noise about it (I'm sure the staff think I'm a SC, but they were in the wrong and I knew it) to keep her safe in the hospital until we had the court order.

It only took a couple of days to get it. We had a facility with an open bed who agreed to take Mom faster than we had the court order.