On January 20, 2025, President Donald Trump signed an Executive Order that rescinded a long-standing policy that certain areas within a hospital and medical facilities were protected from immigration enforcement activities by the Immigration and Customs Enforcement (“ICE”) and Customs and Border Protection (“CBP”) agents.
It is important to understand that existing laws passed by Congress carry more weight than Executive Orders and, accordingly, existing laws must be carried out, even in the face of an Executive Order.
HIPPA Privacy Remains the Same
An Executive Order does not have the power to repeal or change existing laws regarding patient privacy under HIPAA. This means that HIPAA patient privacy obligations are not impacted by the Executive Order, and every employee must comply with HIPAA and our policies to protect patient privacy without regard to immigration status. Furthermore, HIPAA is very specific about sharing PHI with law enforcement, and these requirements under HIPAA have not changed, and our policies remain the same, even after the signing of the Executive Order.
There is no requirement to share patient information with ICE or CBP
Our patients’ health and safety, and the well-being of our employees, remain a top priority.
