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Liver Transplant Highlights Legal Issues in Medical Care for Immigrants

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The current health care crisis in the United States - seen in rapidly rising costs, as well as vast numbers of uninsured citizens - has taken a toll, but the U.S. still remains a desirable destination for many immigrants because what it offers is far better in most cases than what is available in the Third World. Many undocumented immigrants who enter the United States illegally do so in pursuit of health care for themselves and their children.

One such undocumented immigrant is Ana Puente, a native of Mexico whose aunt brought her to the United States as an infant. Puente's aunt knew that unless she received medical care for chronic liver problems that was unavailable to her in Mexico, she would not have a chance to survive her childhood.

Under state health care in California, Puente was covered for necessary operations. As a result, she was able to be treated at UCLA and underwent two liver transplants in 1989 and a third in 1998. But upon turning 21, Puente forfeited state health care coverage, and must now seek treatment through Los Angeles County.

In danger of liver failure, Puente is seeking a fourth liver transplant, but her application for coverage of the transplantation was denied by the county. An extremely costly operation, the liver transplantation and treatment during the first year after the operation cost nearly $490,000, not including anti-rejection medication that is required at a cost of $30,000 per year.

Puente is currently seeking a special provision to be added back to the state's health insurance, her only chance at survival in the face of impending liver failure. She has notified U.S. Citizenship and Immigration Services of her illegal status in the country, hoping that state officials could grant her full Medi-Cal coverage under the provisions of that plan.

Needless to say, many heated issues are raised in association with Puente's case. The prohibitive costs of the operation - for the fourth time! - add up to around $2 million in taxpayer money. Additionally, because donor livers are so rare, Puente's status as an undocumented immigrant in California has raised concerns over her access to donor organs before U.S. citizens.

In California, where a large population of both documented and undocumented immigrants from Mexico reside, the laws do not discriminate between citizens and non-citizens, legal and illegal immigrants, when considering such issues. And nor should they. Undocumented immigrants pay the same amount of state government taxes as citizens, and donate organs more regularly than receive them, according to officials from the state's organ network; therefore, they should not be barred from access to these resources.

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