Vanderbilt Health is committed to providing high-quality health care to all patients, regardless of their race, creed, color, sex, religion, sexual orientation or immigration status. We are also committed to adhering to all laws that safeguard the privacy of our patients, such as HIPAA.
Changes are rapidly occurring within federal and state government agencies that impact Vanderbilt Health’s operations. One recent change in federal immigration enforcement policy now allows immigration enforcement actions to take place in health care facilities.
Vanderbilt Health and its affiliated entities have in place a policy titled “Responding to Law Enforcement Requests for Access to Patients and Patient Information” that addresses actions by law enforcement agencies on our campuses. This policy also may be found in PolicyTech under “Law Enforcement.” If an Immigration and Customs Enforcement (ICE) agent, or other state or federal official acting on behalf of ICE appears in your work area intending to carry out an immigration enforcement action (for example, execute a search warrant or arrest warrant), the guidance in this policy should be followed in the same manner as other external law enforcement agencies.
The following guidelines provide further guidance for how to respond to these situations in a manner that is consistent with institutional policy. Information is also available through these FAQs.
The Office of Legal Affairs will continue to monitor all developments related to ICE immigration actions and will provide additional guidance or new policies as needed. If you have specific questions, please contact the Office of Legal Affairs during the day at 615-936-0101, or after hours at 615-875-4848. We recognize that some encounters with law enforcement pursuing immigration actions may be stressful. For emotional assistance colleagues with the Work/Life Employee Assistance Program are available to provide support by calling 615-936-1327.
GUIDELINES FOR RESPONDING TO LAW ENFORCEMENT
- If ICE or other law enforcement agents appear in your unit, you should interact with the agents in a calm, professional manner that does not involve any physical contact, physical resistance, interference or misstatements, even if the agents are not cooperative or become aggressive. If you encounter an agent and are asked to provide them with patient information or access to private patient areas, please advise the agents that you do not have the authority to share any information or grant them access to any areas, but that you will contact an appropriate representative to speak with them.
- On the Main Campus or at One Hundred Oaks, please notify VUPD at 615-322-2745 (or through the VandySafe app) and request an officer be dispatched to your location. In emergencies dial 615-421-1911 and the Office of Legal Affairs (OLA) (day – 615-936-0101, after hours – 615-875-4848).
- In a regional hospital, notify your house supervisor and the Office of Legal Affairs.
- In one of Vanderbilt Health’s ambulatory clinic locations, notify OLA and await their instructions. Ask the agents to delay any search or action until you have received instructions from OLA.
2. In accordance with our HIPAA obligations, do not share any patient information, including immigration status, with the agents or grant them access to any non-public areas, unless otherwise advised to do so by the appropriate representative or in consultation with OLA.
3. Make sure you have advised OLA you are sending them a warrant by calling 615-936-0101 during the day, or after hours at 615-875-4848. Then, scan and email to OLA a copy of the warrant or other documentation the law enforcement agent is attempting to serve at ola.warrants@vumc.org. Include your name, title, and an optimal call-back number.
4. An OLA attorney will call you back. Follow the instructions you receive.
5. Please remember the following when interacting with all law enforcement officials:
- Never be confrontational, impolite or unprofessional in your interactions with law enforcement. Always be truthful, though it may be necessary to advise that you are not authorized to provide certain information.
- Note that law enforcement agents may enter public areas of the hospital like lobbies, waiting rooms accessible to the public, parking lots and cafeterias, and can conduct law enforcement activities in these areas without prior permission.
- If a law enforcement agent is uncooperative with our procedures, do not attempt to interfere with their actions. OLA will evaluate the situation more carefully after the initial encounter and identify next steps. Never place yourself in a position where you are physically interfering with a law enforcement agent.
6. If an agent attempts to take custody of a patient when it is not medically safe or advisable to discontinue the patient’s treatment, the most senior member of the patient’s treatment team should inform the agent of the patient’s medical risks, and of VUMC’s continuing legal obligations under EMTALA and other laws to continue the patient’s medical care. The treatment team should document the encounter with law enforcement in the patient’s medical record.
7. Never attempt to give advice to patients on any topics other than the health care and related guidance for which they have come to receive. Specifically, you should not advise them as to any rights you may believe they may have in dealing with law enforcement.
