Donald Trump’s second term as President has facilitated an early onslaught of Executive Orders and administrative memoranda, especially regarding impactful changes to the nation’s immigration policies and enforcement. Notably, the Department of Homeland Security published a press release on January 21, 2025, effectively ending the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
 

The Trump administration rescinded previous restrictions on ICE enforcement actions, lifting higher protections afforded to individuals occupying or located near “sensitive” areas like churches, schools, and, importantly, hospitals.  Before Trump assumed office for a second time, ICE agents were instructed to refrain from taking enforcement actions in these protected areas absent exigent circumstances. However, under the new administration’s leadership, the “sensitive” designation previously enjoyed by healthcare facilities has been removed.
 

Given the rising number of immigration enforcement actions and deportations, providers must remain proactively informed and prepared to intelligently respond and potentially comply when ICE comes knocking on their facility’s door.  Regardless of providers’ political affiliations or beliefs, this policy change raises several questions.
 

Healthcare providers face the challenge of delivering the highest-quality care to their patients while safeguarding patients’ protected health information (PHI). On the other hand, they must remain compliant with all relevant laws and regulations to avoid obstructing justice.  

Providers must maintain compliance with federal regulations, including the Health Care Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule, along with 42 C.F.R. Part 2 (where applicable). These laws, along with others, ensure that patients’ PHI is protected by providers and largely restrict disclosures of private data nationwide, with some exceptions.
 

Louisiana providers should also be aware of state-specific laws, especially those contained within provider licensing regulations that cover obligations of confidentiality. For example, La. Admin. Code Title 48, Pt. I, § 9393 mandates hospitals ensure the confidentiality of patient records. However, Louisiana law contains numerous exceptions to the obligation of privacy, like the Law Enforcement Notification of Discharge Statue (La. R.S. § 40:1187.1).  This statute requires Louisiana hospitals, under certain conditions, to notify law enforcement when discharging a patient with a prior summons or arrest warrant. These are two examples of the many Louisiana regulations instructing providers on how to maintain and handle PHI.
 

Administrators and providers should be anticipatory and formulate a plan. A solid starting point would be to review the current system or facility policies and procedures to ensure that the best practices for interaction with law enforcement are in place. Protocols should be reviewed regularly and updated as needed.  Also bear in mind that ICE and CBP cannot only take action against patients, but also facility employees via I-9 audits.
  

Another prudent step is to designate a knowledgeable facility official- preferably an in-house attorney, compliance officer, or risk manager (or even better, a team of all three)- to handle all ICE and law enforcement initiatives.  This official(s) should review any warrants or subpoenas to ensure compliance without infringing upon patients’ rights. They should also make sure that the entire interaction with law enforcement is documented in writing and saved in their administrative records.
 

Establishing a designated meeting area for discussions with ICE officials is also a good idea. Security should greet and escort ICE or any law enforcement officers to the designated area, ensuring attorneys and administrators can meet them in this holding area free of outside distraction. This approach helps maintain a calm environment by minimizing police presence in patient areas.
 

Providers and support staff should be instructed to keep common areas clear of any potential unauthorized disclosures of PHI. Law enforcement is empowered to act upon probable cause obtained from anything they see or hear in plain sight within common areas of the facility, which includes computer screens, charts, or even conversations that can be heard in a hallway. Designating a facility official(s) and meeting areas is critical to minimize a vast variety of compliance risks.
 

Generally speaking, providers must strictly comply with judicial warrants and court orders signed by a judge or magistrate from a court of competent jurisdiction, making sure to disclose only that information expressly authorized by the warrant or order. Providers failing to comply could be placed in contempt and incur fines or penalties. Also, remain aware that any disclosure beyond what the warrant specifically calls for may constitute a HIPAA violation, so providers must ensure they are precise in their response.
 

In certain situations, providers may not necessarily be required to respond to administrative warrants or subpoenas. However, if they choose to comply, they should enlist the assistance of a licensed attorney to ensure they are complying without improperly disclosing a patient’s PHI.
  

If law enforcement enters the facility and verbally requests that providers or staff divulge a patient’s personal information or immigration status, providers and others should not comply with requests for information until the official produces the required documentation to ensure the facility is not violating patients’ HIPAA rights or other applicable laws.
  

Remember that remaining calm and polite while interacting with authorities generally goes a long way.  Putting a plan in place that facilities can utilize whenever ICE or other authorities arrive will often make the process smooth and painless.
 

Furthermore, smaller facilities without in-house attorneys or risk managers should strongly consider engaging outside counsel to ensure their operations are efficient and compliant with regulations, particularly when dealing with law enforcement. 

Donald Trump’s second term as President has facilitated an early onslaught of Executive Orders and administrative memoranda, especially regarding impactful changes to the nation’s immigration policies and enforcement. Notably, the Department of Homeland Security published a press release on January 21, 2025, effectively ending the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
 

The Trump administration rescinded previous restrictions on ICE enforcement actions, lifting higher protections afforded to individuals occupying or located near “sensitive” areas like churches, schools, and, importantly, hospitals.  Before Trump assumed office for a second time, ICE agents were instructed to refrain from taking enforcement actions in these protected areas absent exigent circumstances. However, under the new administration’s leadership, the “sensitive” designation previously enjoyed by healthcare facilities has been removed.
 

Given the rising number of immigration enforcement actions and deportations, providers must remain proactively informed and prepared to intelligently respond and potentially comply when ICE comes knocking on their facility’s door.  Regardless of providers’ political affiliations or beliefs, this policy change raises several questions.
 

Healthcare providers face the challenge of delivering the highest-quality care to their patients while safeguarding patients’ protected health information (PHI). On the other hand, they must remain compliant with all relevant laws and regulations to avoid obstructing justice.  

Providers must maintain compliance with federal regulations, including the Health Care Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule, along with 42 C.F.R. Part 2 (where applicable). These laws, along with others, ensure that patients’ PHI is protected by providers and largely restrict disclosures of private data nationwide, with some exceptions.
 

Louisiana providers should also be aware of state-specific laws, especially those contained within provider licensing regulations that cover obligations of confidentiality. For example, La. Admin. Code Title 48, Pt. I, § 9393 mandates hospitals ensure the confidentiality of patient records. However, Louisiana law contains numerous exceptions to the obligation of privacy, like the Law Enforcement Notification of Discharge Statue (La. R.S. § 40:1187.1).  This statute requires Louisiana hospitals, under certain conditions, to notify law enforcement when discharging a patient with a prior summons or arrest warrant. These are two examples of the many Louisiana regulations instructing providers on how to maintain and handle PHI.
 

Administrators and providers should be anticipatory and formulate a plan. A solid starting point would be to review the current system or facility policies and procedures to ensure that the best practices for interaction with law enforcement are in place. Protocols should be reviewed regularly and updated as needed.  Also bear in mind that ICE and CBP cannot only take action against patients, but also facility employees via I-9 audits.
  

Another prudent step is to designate a knowledgeable facility official- preferably an in-house attorney, compliance officer, or risk manager (or even better, a team of all three)- to handle all ICE and law enforcement initiatives.  This official(s) should review any warrants or subpoenas to ensure compliance without infringing upon patients’ rights. They should also make sure that the entire interaction with law enforcement is documented in writing and saved in their administrative records.
 

Establishing a designated meeting area for discussions with ICE officials is also a good idea. Security should greet and escort ICE or any law enforcement officers to the designated area, ensuring attorneys and administrators can meet them in this holding area free of outside distraction. This approach helps maintain a calm environment by minimizing police presence in patient areas.
 

Providers and support staff should be instructed to keep common areas clear of any potential unauthorized disclosures of PHI. Law enforcement is empowered to act upon probable cause obtained from anything they see or hear in plain sight within common areas of the facility, which includes computer screens, charts, or even conversations that can be heard in a hallway. Designating a facility official(s) and meeting areas is critical to minimize a vast variety of compliance risks.
 

Generally speaking, providers must strictly comply with judicial warrants and court orders signed by a judge or magistrate from a court of competent jurisdiction, making sure to disclose only that information expressly authorized by the warrant or order. Providers failing to comply could be placed in contempt and incur fines or penalties. Also, remain aware that any disclosure beyond what the warrant specifically calls for may constitute a HIPAA violation, so providers must ensure they are precise in their response.
 

In certain situations, providers may not necessarily be required to respond to administrative warrants or subpoenas. However, if they choose to comply, they should enlist the assistance of a licensed attorney to ensure they are complying without improperly disclosing a patient’s PHI.
  

If law enforcement enters the facility and verbally requests that providers or staff divulge a patient’s personal information or immigration status, providers and others should not comply with requests for information until the official produces the required documentation to ensure the facility is not violating patients’ HIPAA rights or other applicable laws.
  

Remember that remaining calm and polite while interacting with authorities generally goes a long way.  Putting a plan in place that facilities can utilize whenever ICE or other authorities arrive will often make the process smooth and painless.
 

Furthermore, smaller facilities without in-house attorneys or risk managers should strongly consider engaging outside counsel to ensure their operations are efficient and compliant with regulations, particularly when dealing with law enforcement. 

Donald Trump’s second term as President has facilitated an early onslaught of Executive Orders and administrative memoranda, especially regarding impactful changes to the nation’s immigration policies and enforcement. Notably, the Department of Homeland Security published a press release on January 21, 2025, effectively ending the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
 

The Trump administration rescinded previous restrictions on ICE enforcement actions, lifting higher protections afforded to individuals occupying or located near “sensitive” areas like churches, schools, and, importantly, hospitals.  Before Trump assumed office for a second time, ICE agents were instructed to refrain from taking enforcement actions in these protected areas absent exigent circumstances. However, under the new administration’s leadership, the “sensitive” designation previously enjoyed by healthcare facilities has been removed.
 

Given the rising number of immigration enforcement actions and deportations, providers must remain proactively informed and prepared to intelligently respond and potentially comply when ICE comes knocking on their facility’s door.  Regardless of providers’ political affiliations or beliefs, this policy change raises several questions.
 

Healthcare providers face the challenge of delivering the highest-quality care to their patients while safeguarding patients’ protected health information (PHI). On the other hand, they must remain compliant with all relevant laws and regulations to avoid obstructing justice.  

Providers must maintain compliance with federal regulations, including the Health Care Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule, along with 42 C.F.R. Part 2 (where applicable). These laws, along with others, ensure that patients’ PHI is protected by providers and largely restrict disclosures of private data nationwide, with some exceptions.
 

Louisiana providers should also be aware of state-specific laws, especially those contained within provider licensing regulations that cover obligations of confidentiality. For example, La. Admin. Code Title 48, Pt. I, § 9393 mandates hospitals ensure the confidentiality of patient records. However, Louisiana law contains numerous exceptions to the obligation of privacy, like the Law Enforcement Notification of Discharge Statue (La. R.S. § 40:1187.1).  This statute requires Louisiana hospitals, under certain conditions, to notify law enforcement when discharging a patient with a prior summons or arrest warrant. These are two examples of the many Louisiana regulations instructing providers on how to maintain and handle PHI.
 

Administrators and providers should be anticipatory and formulate a plan. A solid starting point would be to review the current system or facility policies and procedures to ensure that the best practices for interaction with law enforcement are in place. Protocols should be reviewed regularly and updated as needed.  Also bear in mind that ICE and CBP cannot only take action against patients, but also facility employees via I-9 audits.
  

Another prudent step is to designate a knowledgeable facility official- preferably an in-house attorney, compliance officer, or risk manager (or even better, a team of all three)- to handle all ICE and law enforcement initiatives.  This official(s) should review any warrants or subpoenas to ensure compliance without infringing upon patients’ rights. They should also make sure that the entire interaction with law enforcement is documented in writing and saved in their administrative records.
 

Establishing a designated meeting area for discussions with ICE officials is also a good idea. Security should greet and escort ICE or any law enforcement officers to the designated area, ensuring attorneys and administrators can meet them in this holding area free of outside distraction. This approach helps maintain a calm environment by minimizing police presence in patient areas.
 

Providers and support staff should be instructed to keep common areas clear of any potential unauthorized disclosures of PHI. Law enforcement is empowered to act upon probable cause obtained from anything they see or hear in plain sight within common areas of the facility, which includes computer screens, charts, or even conversations that can be heard in a hallway. Designating a facility official(s) and meeting areas is critical to minimize a vast variety of compliance risks.
 

Generally speaking, providers must strictly comply with judicial warrants and court orders signed by a judge or magistrate from a court of competent jurisdiction, making sure to disclose only that information expressly authorized by the warrant or order. Providers failing to comply could be placed in contempt and incur fines or penalties. Also, remain aware that any disclosure beyond what the warrant specifically calls for may constitute a HIPAA violation, so providers must ensure they are precise in their response.
 

In certain situations, providers may not necessarily be required to respond to administrative warrants or subpoenas. However, if they choose to comply, they should enlist the assistance of a licensed attorney to ensure they are complying without improperly disclosing a patient’s PHI.
  

If law enforcement enters the facility and verbally requests that providers or staff divulge a patient’s personal information or immigration status, providers and others should not comply with requests for information until the official produces the required documentation to ensure the facility is not violating patients’ HIPAA rights or other applicable laws.
  

Remember that remaining calm and polite while interacting with authorities generally goes a long way.  Putting a plan in place that facilities can utilize whenever ICE or other authorities arrive will often make the process smooth and painless.
 

Furthermore, smaller facilities without in-house attorneys or risk managers should strongly consider engaging outside counsel to ensure their operations are efficient and compliant with regulations, particularly when dealing with law enforcement. 

Donald Trump’s second term as President has facilitated an early onslaught of Executive Orders and administrative memoranda, especially regarding impactful changes to the nation’s immigration policies and enforcement. Notably, the Department of Homeland Security published a press release on January 21, 2025, effectively ending the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
 

The Trump administration rescinded previous restrictions on ICE enforcement actions, lifting higher protections afforded to individuals occupying or located near “sensitive” areas like churches, schools, and, importantly, hospitals.  Before Trump assumed office for a second time, ICE agents were instructed to refrain from taking enforcement actions in these protected areas absent exigent circumstances. However, under the new administration’s leadership, the “sensitive” designation previously enjoyed by healthcare facilities has been removed.
 

Given the rising number of immigration enforcement actions and deportations, providers must remain proactively informed and prepared to intelligently respond and potentially comply when ICE comes knocking on their facility’s door.  Regardless of providers’ political affiliations or beliefs, this policy change raises several questions.
 

Healthcare providers face the challenge of delivering the highest-quality care to their patients while safeguarding patients’ protected health information (PHI). On the other hand, they must remain compliant with all relevant laws and regulations to avoid obstructing justice.  

Providers must maintain compliance with federal regulations, including the Health Care Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule, along with 42 C.F.R. Part 2 (where applicable). These laws, along with others, ensure that patients’ PHI is protected by providers and largely restrict disclosures of private data nationwide, with some exceptions.
 

Louisiana providers should also be aware of state-specific laws, especially those contained within provider licensing regulations that cover obligations of confidentiality. For example, La. Admin. Code Title 48, Pt. I, § 9393 mandates hospitals ensure the confidentiality of patient records. However, Louisiana law contains numerous exceptions to the obligation of privacy, like the Law Enforcement Notification of Discharge Statue (La. R.S. § 40:1187.1).  This statute requires Louisiana hospitals, under certain conditions, to notify law enforcement when discharging a patient with a prior summons or arrest warrant. These are two examples of the many Louisiana regulations instructing providers on how to maintain and handle PHI.
 

Administrators and providers should be anticipatory and formulate a plan. A solid starting point would be to review the current system or facility policies and procedures to ensure that the best practices for interaction with law enforcement are in place. Protocols should be reviewed regularly and updated as needed.  Also bear in mind that ICE and CBP cannot only take action against patients, but also facility employees via I-9 audits.
  

Another prudent step is to designate a knowledgeable facility official- preferably an in-house attorney, compliance officer, or risk manager (or even better, a team of all three)- to handle all ICE and law enforcement initiatives.  This official(s) should review any warrants or subpoenas to ensure compliance without infringing upon patients’ rights. They should also make sure that the entire interaction with law enforcement is documented in writing and saved in their administrative records.
 

Establishing a designated meeting area for discussions with ICE officials is also a good idea. Security should greet and escort ICE or any law enforcement officers to the designated area, ensuring attorneys and administrators can meet them in this holding area free of outside distraction. This approach helps maintain a calm environment by minimizing police presence in patient areas.
 

Providers and support staff should be instructed to keep common areas clear of any potential unauthorized disclosures of PHI. Law enforcement is empowered to act upon probable cause obtained from anything they see or hear in plain sight within common areas of the facility, which includes computer screens, charts, or even conversations that can be heard in a hallway. Designating a facility official(s) and meeting areas is critical to minimize a vast variety of compliance risks.
 

Generally speaking, providers must strictly comply with judicial warrants and court orders signed by a judge or magistrate from a court of competent jurisdiction, making sure to disclose only that information expressly authorized by the warrant or order. Providers failing to comply could be placed in contempt and incur fines or penalties. Also, remain aware that any disclosure beyond what the warrant specifically calls for may constitute a HIPAA violation, so providers must ensure they are precise in their response.
 

In certain situations, providers may not necessarily be required to respond to administrative warrants or subpoenas. However, if they choose to comply, they should enlist the assistance of a licensed attorney to ensure they are complying without improperly disclosing a patient’s PHI.
  

If law enforcement enters the facility and verbally requests that providers or staff divulge a patient’s personal information or immigration status, providers and others should not comply with requests for information until the official produces the required documentation to ensure the facility is not violating patients’ HIPAA rights or other applicable laws.
  

Remember that remaining calm and polite while interacting with authorities generally goes a long way.  Putting a plan in place that facilities can utilize whenever ICE or other authorities arrive will often make the process smooth and painless.
 

Furthermore, smaller facilities without in-house attorneys or risk managers should strongly consider engaging outside counsel to ensure their operations are efficient and compliant with regulations, particularly when dealing with law enforcement. 

Donald Trump’s second term as President has facilitated an early onslaught of Executive Orders and administrative memoranda, especially regarding impactful changes to the nation’s immigration policies and enforcement. Notably, the Department of Homeland Security published a press release on January 21, 2025, effectively ending the Biden Administration’s guidelines for Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).
 

The Trump administration rescinded previous restrictions on ICE enforcement actions, lifting higher protections afforded to individuals occupying or located near “sensitive” areas like churches, schools, and, importantly, hospitals.  Before Trump assumed office for a second time, ICE agents were instructed to refrain from taking enforcement actions in these protected areas absent exigent circumstances. However, under the new administration’s leadership, the “sensitive” designation previously enjoyed by healthcare facilities has been removed.
 

Given the rising number of immigration enforcement actions and deportations, providers must remain proactively informed and prepared to intelligently respond and potentially comply when ICE comes knocking on their facility’s door.  Regardless of providers’ political affiliations or beliefs, this policy change raises several questions.
 

Healthcare providers face the challenge of delivering the highest-quality care to their patients while safeguarding patients’ protected health information (PHI). On the other hand, they must remain compliant with all relevant laws and regulations to avoid obstructing justice.  

Providers must maintain compliance with federal regulations, including the Health Care Portability and Accountability Act of 1996 (HIPAA) and its Privacy Rule, along with 42 C.F.R. Part 2 (where applicable). These laws, along with others, ensure that patients’ PHI is protected by providers and largely restrict disclosures of private data nationwide, with some exceptions.
 

Louisiana providers should also be aware of state-specific laws, especially those contained within provider licensing regulations that cover obligations of confidentiality. For example, La. Admin. Code Title 48, Pt. I, § 9393 mandates hospitals ensure the confidentiality of patient records. However, Louisiana law contains numerous exceptions to the obligation of privacy, like the Law Enforcement Notification of Discharge Statue (La. R.S. § 40:1187.1).  This statute requires Louisiana hospitals, under certain conditions, to notify law enforcement when discharging a patient with a prior summons or arrest warrant. These are two examples of the many Louisiana regulations instructing providers on how to maintain and handle PHI.
 

Administrators and providers should be anticipatory and formulate a plan. A solid starting point would be to review the current system or facility policies and procedures to ensure that the best practices for interaction with law enforcement are in place. Protocols should be reviewed regularly and updated as needed.  Also bear in mind that ICE and CBP cannot only take action against patients, but also facility employees via I-9 audits.
  

Another prudent step is to designate a knowledgeable facility official- preferably an in-house attorney, compliance officer, or risk manager (or even better, a team of all three)- to handle all ICE and law enforcement initiatives.  This official(s) should review any warrants or subpoenas to ensure compliance without infringing upon patients’ rights. They should also make sure that the entire interaction with law enforcement is documented in writing and saved in their administrative records.
 

Establishing a designated meeting area for discussions with ICE officials is also a good idea. Security should greet and escort ICE or any law enforcement officers to the designated area, ensuring attorneys and administrators can meet them in this holding area free of outside distraction. This approach helps maintain a calm environment by minimizing police presence in patient areas.
 

Providers and support staff should be instructed to keep common areas clear of any potential unauthorized disclosures of PHI. Law enforcement is empowered to act upon probable cause obtained from anything they see or hear in plain sight within common areas of the facility, which includes computer screens, charts, or even conversations that can be heard in a hallway. Designating a facility official(s) and meeting areas is critical to minimize a vast variety of compliance risks.
 

Generally speaking, providers must strictly comply with judicial warrants and court orders signed by a judge or magistrate from a court of competent jurisdiction, making sure to disclose only that information expressly authorized by the warrant or order. Providers failing to comply could be placed in contempt and incur fines or penalties. Also, remain aware that any disclosure beyond what the warrant specifically calls for may constitute a HIPAA violation, so providers must ensure they are precise in their response.
 

In certain situations, providers may not necessarily be required to respond to administrative warrants or subpoenas. However, if they choose to comply, they should enlist the assistance of a licensed attorney to ensure they are complying without improperly disclosing a patient’s PHI.
  

If law enforcement enters the facility and verbally requests that providers or staff divulge a patient’s personal information or immigration status, providers and others should not comply with requests for information until the official produces the required documentation to ensure the facility is not violating patients’ HIPAA rights or other applicable laws.
  

Remember that remaining calm and polite while interacting with authorities generally goes a long way.  Putting a plan in place that facilities can utilize whenever ICE or other authorities arrive will often make the process smooth and painless.
 

Furthermore, smaller facilities without in-house attorneys or risk managers should strongly consider engaging outside counsel to ensure their operations are efficient and compliant with regulations, particularly when dealing with law enforcement.