The Texas Health and Human Services Commission (HHSC) has referred allegations that several Texas healthcare providers promoted "birth tourism" to the Texas Office of the Attorney General after Gov. Greg Abbott ordered an investigation into the practice.
In a July 7 letter, HHSC Chief Counsel Karen Ray said the agency had "received information that suggests several Texas healthcare providers that receive state or federal funding may be soliciting birth tourism in Texas."
"If true, this conduct is detrimental to the public interest and may violate both state and federal law," Ray wrote.
Abbott called for the investigation after reports surfaced that Mission Regional Medical Center in the Rio Grande Valley was advertising birth packages in Mexico for foreign nationals seeking to give birth in the United States.
Photos circulating online appeared to show a billboard promoting South Texas birth packages, with natural deliveries priced at $3,950 and cesarean sections at $5,525.
HHSC said its review also uncovered Instagram posts from 2023, leading investigators to believe "similar conduct has been going on for years."
The billboard directed prospective clients to HaveMyBabyInTexas.com, a website that had reportedly been active for more than three years before going offline shortly after the allegations became public.
Ray's referral identified both Mission Regional Medical Center in Mission and Knapp Medical Center in Weslaco as potential participants in the alleged scheme. She also noted that both hospitals are affiliated with the California-based nonprofit Prime Healthcare Foundation.
Neither hospital immediately responded to requests for comment.
The referral also points to Attorney General Ken Paxton's April lawsuit against Houston-area De'Ai Postpartum Care Center, which alleges the business facilitated the "invasion of Chinese nationals" into Texas for the "sole purpose of birthing children and obtaining 'birthright citizenship.'"
"As the state agency with oversight of health and human services in Texas, HHSC is committed to ensuring the integrity of our health care system and ensuring regulated entities comply with both federal and state law," Ray wrote.
"While the allegations concerning Mission Regional Medical Center and Knapp Medical Center may not be identical to the schemes described above, they are equally troubling."
The issue has also reached the Texas Legislature. The Senate Committee on Health and Human Services recently examined the connection between surrogacy and "birth tourism" as part of an interim charge from Lt. Gov. Dan Patrick directing lawmakers to investigate "the unethical and foreign interests exploiting the surrogacy and fertility industries in Texas."
Abbott praised HHSC's referral in a statement Tuesday, saying, "I am pleased that HHSC took decisive action based on my directive last week."
