The Federal Medicare

The EMTALA act states that every hospital that enjoys the federal Medicareis obligedto provide emergency care to all patients, without any attention tostatusof theimmigrantor hispositionto pay for the services offered. Astoundingly enough, the national hospital in Guatemala, where Mr. Jimenezwas deportedto, was not capable of providing the services Mr. Jimenez required. This prompted the Guatemala hospital toreleasehim to his aging mother’shilltophousewith one room. Thehomewas situatedin the reserve Mountains of Cuchumatan, where he has lays in bed, regularly suffering the sudden occurrence of thediseaseand away from accessing emergency care in the home.

Lack ofkeengovernment oversight on illegal repatriation has led to various economic and policy issues. It isduetothe poorgovernment policies that officials in hospitals have denied poor individuals access to better health care.The policies on federal funding should be revised to cater for the health bills of immigrants, who may not be in apositiontoraisethe medication fee.Secondly, the United States is not vigilant in the implementation of traffic laws that should cub malpractices on the roads. After a precise look into the cause of Mr. Jimenez predicaments, the cause is theroadcarnage. A drunk driver caused the accident in which Mr. Jimenez suffered damage to the brain and other physical injuries.

The cause of the accident necessitates the need for policy reforms in the traffic department. If there aredefinitepolicies addressing such issues, then need to change heads at themanagementandsupervisionat thetrafficdepartmentisinevitable. In the case of Mr. Jimenez, the damages caused by himare not compensated, this is a clearwarningthat insurance policies are not in force, or there could be high rates ofcorruptionpractices that have culminated in asituationwhere victims of risksare not compensated. Had Mr. Jimenez been compensated he was to have been in a betterpositionof paying his medical expenses at the Martin Memorial hospital. Courtroomsare adjudgedto institutions of administering justice in every corner of the world.

In the case of Mr. Luiz Jimenez, his guardian tries to get a lower court order yields no fruits, and the hospital is capable of deporting Mr. Jimenez to Guatemala. Concisely, the United States policies that solemnlylimitimmigrant eligibility for publicly financed health care have led to hospitalsengagementin the illegal medical repatriations of critically ill ordestituteimmigrantsickpeople to countries missing appropriate medicalattention. This policy is void, since it is inconsistent of the universal Declaration of human rights’ requirements on the United States. Thepolicyalso contravenes the international convention on civil and political rights.

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Other obligations violated by the United Statespolicyinclude the convention on the eradication of all forms of racially based discriminations, the provisions of the United Nations Convention on the rights of persons with disabilities, finally thepolicybleaches the provisions of the constitution of the United States, which is disrespect for the local and international laws. In the United States, themandatetoregulateentry into the country,expulsionand forcible transfer ofpeopleis firmly basedon the powers of the federal government. Thecongresslegislationbody in the United States delegates the powers of doing all these activities to the secretary of homeland security and the attorney general to the United States.Since the roles have clearly been stipulated the state legislators, private actors like those that hospitalsare not authorizedto repatriate patients forcibly, andthe governmental bodies should therefore come out strongly and ensure that justice against victims like Mr. Jimenez prevails.

Besides prosecution of hospitals thatexecutedeportation of individuals against their will, the United States government should ensure that Immigrants have rights to be subjected to procedural deportation and a just hearing of deportation in an independent court. Such rightsaccordimmigrants achanceto apply for various remedies from the forcible transfer. The case of Mr. Jimenez has some economicissues enshrinedin it. The hospital of Martin Memorial may have resorted to; forciblytransferMr. Jimenez to Guatemala, because the economic implications of arranging a medical transport of an illegal immigrant back to their home country ishighlyexpensive. An estimatedfigureindicates that thecostfor transporting a patient to their home country ranges from $35000 to $200, 000. The transportation may also include the provision of equipment, such as ventilators, if they are missing in the patient’s home country.

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The hospital provided Luiz Jimenez with $1.5 million for hiscarefor many years before his forced repatriation in the year 2003. When immigrants receive Medicare, the expenses for initiating a judicial proceeding for hospitals inforcedrepatriation couldoutweighthe savings realized by transporting a patient to their home countries. In the Florida, legalcasethat connects closely with Jimenez it took a period of five years. The case by Jimenezfamilymust have cost The Martin Memorial Medical centre substantialsumof money.Forced repatriations may lead to the wastage of time in fighting for justice andmoneythat couldhave been usedtocreaterevenues and many developments to the nation or the medical facilities.Sucheconomicand policy issues can be handled in the coming days through themakingand implementation of stringent laws that couldputmedical practitioners on alert. These laws might subject hospitals to consequences of paying heavy fines or revoking of their licenses. The aforementioned measures will helpdefendthe immigrants’ rights and the provisions of local and international laws.

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