Ohio lawmaker wants to create penalties for hospitals that don't cooperate with ICE
COLUMBUS, Ohio (WCMH) – A recently introduced Ohio bill is seeking to strip hospitals of state grants and Medicaid funding if they refuse to let ICE agents inside their facilities.
House Bill 281, introduced by Rep. Josh Williams (R-Sylvania) in May, would require any hospital receiving funding through state grants or Medicaid reimbursements to allow ICE agents entry to make an arrest pursuant to a lawful warrant, interview someone or collect evidence.
If a hospital denies an ICE agent entry, any funding from state grants would be revoked. Additionally, if the hospital is a Medicaid provider, the state Department of Medicaid would suspend its agreement with the establishment.
“HB 281 contains the changes necessary for Ohio to keep up with the increased illegal immigration we have seen in the past few years, and the current administration’s attempts to curtail it using ICE and similar agencies,” Williams said at the bill’s first hearing last week.
The legislation comes after President Donald Trump rescinded a policy in January that limited ICE's ability to make arrests at “sensitive locations,” such as houses of worship, schools and hospitals.
Across the United States, ICE agents are already generally permitted to enter public areas of hospitals, such as waiting rooms. Health centers are also legally required to let agents enter private areas, including patient rooms, if they have the appropriate warrant. If hospitals interfere with such actions, they could face criminal charges.
The main change HB 281 would make to current law in Ohio is the proposed punishments hospitals could face, according to Gary Daniels, a legislative director with the American Civil Liberties Union.
He said the bill would benefit from some “much needed” clarification, as if its intention is to ensure Ohio hospitals comply with ICE enforcement actions, it is “unnecessary” since that is already required under federal law.
Williams said at the bill's first hearing that the legislation would help ensure Medicaid funds are used for those who "follow the law" and pay for such services. He said the medical treatment of individuals who are in the country illegally causes a “massive strain” on taxpayer dollars, citing data from the Congressional Budget Office, which found state and federal governments spent almost $27 billion on Medicaid services from 2017 to 2023 on those who are ineligible for the program due on their immigration status.
A study from the nonprofit research organization Kaiser Family Foundation stated the $27 billion represents less than 1% of overall Medicaid spending during that time period.
The legislation would also require each hospital in the state to adopt written policies establishing procedures to comply with the measure. The Ohio Nurses Association has come out against the bill, claiming lawmakers should focus on other crises state hospitals face regarding chronic understaffing and workplace violence, rather than “weaponizing” the healthcare system.
“We need safe, well-established protocols to handle law enforcement – not chaotic, politically motivated mandates that turn care spaces into zones of surveillance and fear,” a spokesperson said. “This legislation would cause real harm to patients and health professionals alike.”
HB 281 has been referred to the House’s Public Safety Committee, where it awaits input from residents.