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Can I get medical care after a crash if I have no health insurance or no papers?

Accidents Suck. Call Jimmy.
Jimmy Suerken, Texas personal injury attorney
Answered byJimmy Suerken, Esq.
  • Texas Attorney
  • Yale B.A. · University of Houston Law Center J.D.
  • Habla español
  • Updated October 27, 2026

Yes. Under the federal EMTALA law (42 U.S.C. § 1395dd), every Texas hospital with an emergency department must examine you and stabilize an emergency condition whether or not you have insurance, money or papers, and it may not delay that care to ask how you will pay. After the emergency, public hospital programs such as Harris Health in Houston and UMC in El Paso, Emergency Medicaid for those who qualify, and treatment paid from your injury claim can keep your care going.

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Will the emergency room see me without insurance or papers?

Yes. A federal law called the Emergency Medical Treatment and Labor Act, or EMTALA (42 U.S.C. § 1395dd), requires a hospital with an emergency department to give anyone who comes in an appropriate medical screening examination. If that exam finds an emergency medical condition, the hospital must provide the treatment needed to stabilize it, or arrange a proper transfer. The law also says the hospital may not delay the exam or that treatment to ask about your method of payment or insurance status.

EMTALA does not ask about immigration status, and neither does your right to be seen. If you are hurt, call 911 or go to the nearest emergency room. That is always the right first step.

Be clear about one thing: EMTALA means you will be treated, not that the care is free. A bill can come later. The rest of this page is about how that bill, and the care you need after the emergency, gets handled.

Will the hospital ask about my immigration status?

Since November 1, 2024, under Governor's Executive Order GA-46, many Texas hospitals ask patients whether they are lawfully present in the United States. The order requires the hospital to tell patients that their answer will not affect their care. Hospitals report to the Texas Health and Human Services Commission the number of visits and the costs of care by category. Whatever you are asked at the front desk, the emergency exam and stabilizing care described above still apply. If you are worried about what a claim could mean for you, read will filing an injury claim get me deported?

What help is there in Houston? Harris Health

Harris Health is the public hospital system for Harris County, which runs Ben Taub and LBJ hospitals and a network of clinics. Its Financial Assistance Program (Policy 5.02, effective July 3, 2025) is based on two things: you must live in Harris County, and your household's gross income must be at or below 150% of the federal poverty guidelines. The written policy does not list citizenship as a requirement. Someone who moves into the county only to get health care is treated as a nonresident.

A few practical details from Harris Health's own eligibility page:

  • It is a discount program, not insurance, and it is the payer of last resort. If you may qualify for Medicaid, CHIP or a similar program, you have to apply for that first.
  • For identity, the accepted photo IDs include a foreign consulate ID card and a Mexican INE voter card, along with a driver license or passport.
  • You also need proof of your address and of your household's income for the last 30 days. The checklist asks for immigration documents for you, your spouse and dependent children. If you don't have them, call the Eligibility Call Center at 713-566-6509 and ask what to bring in your situation.
  • You can apply online, by mail or at a drop box. There is no fee to apply, applications are usually processed in about 14 days, and approval usually lasts a year.

Harris Health's policy also says it will not delay emergency services to do a financial screening. Apply after the emergency, not before it.

What about El Paso? University Medical Center

University Medical Center of El Paso runs the Healthcare Options (indigent health care) program. UMC says the type of help depends on your income, the number of people in your household and where you live. It asks for proof of income, two proofs of residency (such as mail in your name, a lease or rent receipt, or a utility bill) and the names of the people in your household. UMC's charity care page does not mention immigration status. Patient Financial Services is at (915) 521-7900.

Can I get Emergency Medicaid without papers?

Possibly. Under Texas Medicaid rules (1 Tex. Admin. Code § 358.205), the state must provide Medicaid for the treatment of an emergency medical condition to noncitizens who can't get regular Medicaid because of their immigration status, including people who are undocumented. An undocumented applicant does not have to prove immigration status or give a Social Security number.

There is a catch: the person must be otherwise eligible for Medicaid, which has its own income and category rules. Not every adult will qualify, and it covers the emergency, not ongoing therapy. If you were admitted, ask the hospital's financial counselor whether you can apply.

What happens with the hospital bill and my claim?

A Texas hospital that admits you within 72 hours of the crash can file a lien under Property Code chapter 55. That lien reaches your claim against the person who caused the crash and any settlement or judgment. It does not attach to your home: the notice the hospital must mail you says so. It is limited to the first 100 days of hospitalization, emergency physician charges for the first seven days, and an EMS lien of no more than $1,000, and charges above a reasonable and regular rate are excluded. We explain how liens, PIP and treatment on a letter of protection fit together in I can't afford my medical bills after the crash.

For care after the emergency room (the MRI, the specialist, the therapy), many doctors treat injured people on a letter of protection and are paid from the claim. That page explains how it works and what it costs you.

Why it matters to keep getting care

Your medical records are the main proof of your injuries. Gaps in treatment are what insurers point to when they offer less. So never skip care because of money or papers. Keep every bill, discharge paper and receipt.

Your right to be paid for your injuries in Texas does not depend on your immigration status, and we never ask about it to help you. See I'm undocumented. Can I still get compensation? Once you hire us, we deal with the hospitals' billing offices, the liens and the insurance companies. You talk with Jimmy directly, in English or Spanish, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Can a Texas ER turn me away because I have no insurance?

Not in an emergency. Under EMTALA, a hospital with an emergency department must screen you and stabilize an emergency medical condition, and it can't delay that care to ask about payment or insurance.

Do I need papers to be seen at the emergency room?

No. EMTALA applies to anyone who comes to the emergency department. Many Texas hospitals now ask about lawful presence, but they must tell you your answer will not affect your care.

Is emergency care free under EMTALA?

No. EMTALA guarantees the exam and stabilizing treatment, not that it is free. Financial assistance programs, Emergency Medicaid or your injury claim may cover the bill.

Who qualifies for Harris Health financial assistance?

Harris County residents whose household income is at or below 150% of the federal poverty guidelines. It is a discount program, not insurance, and you must apply for Medicaid or CHIP first if you may qualify. Call 713-566-6509 with questions.

Can I get Emergency Medicaid if I'm undocumented?

Possibly. Texas covers treatment of an emergency medical condition for people who can't get regular Medicaid because of status, if they otherwise qualify for Medicaid, and no Social Security number is required.

Can the hospital put a lien on my house?

A Texas hospital lien under Property Code chapter 55 attaches to your injury claim and its settlement, not to your home, and it has limits on what it can include.

How do I keep seeing doctors after the ER if I can't pay?

Many doctors treat injured people on a letter of protection, paid from the claim. We help set up care that keeps going while the case is pending.

Authority: 42 U.S.C. § 1395dd (EMTALA) · Harris Health Financial Assistance Program Policy 5.02 · Harris Health: eligibility and how to apply · UMC El Paso: charity care · Texas HHSC: 1 TAC § 358.205, Medicaid for emergency conditions · Tex. Prop. Code ch. 55 (hospital liens) · Office of the Governor: Executive Order GA-46

What to do

Your next steps, and ours

Your step · Right now

Get care

Call 911 or go to the nearest emergency room. Papers and insurance are not required to be seen.

Your step · Next

Call Jimmy

713-600-6233

Free and confidential. We never ask about your papers, and you can talk with Jimmy directly, in English or Spanish.

Our job · Right away

We plan how your care gets paid

PIP, financial assistance, Emergency Medicaid or a letter of protection, whatever fits your situation.

Our job · Meanwhile

We handle the bills and liens

We deal with hospital billing offices and liens, and check that every charge is one the law allows.

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