The Trump administration is already controversial for providing personal information on millions of Medicaid enrollees to officials tasked with deporting them. This includes sharing sensitive information on their immigration status. This action is an important step in a broader effort to facilitate information sharing between the Department of Health and Human Services (HHS) and the Department of Homeland Security (DHS). It’s intended to uphold the lawfulness of denying Medicaid benefits to those persons unlawfully residing in the United States who are ineligible for the citizens and legal residents benefit.
This new collaborative effort zeroes in on seven states and the District of Columbia. A few of these states—like Illinois, Washington, and California—let non-U.S. citizens sign up for their Medicaid programs. Not surprisingly, the other seven—California, New York, Washington, Oregon, Illinois, Minnesota and Colorado—all have Democratic governors. TCI’s move has sparked concern from state officials and advocacy groups alike over the possibility that the shared data could be misused to penalize drivers.
Sources are reporting that the Centers for Medicare and Medicaid Services (CMS) has initiated a targeted review of certain state Medicaid enrollment. Their objective, they state, is to guarantee that federal money has not been improperly awarded to persons with “dispositive immigration status.” Within this framework, states like California, Washington, and Illinois provided a wealth of information. Their emphasis was targeting non-U.S. citizens who are enrolled in their Medicaid programs. This data contained sensitive personal information including names, addresses, social security numbers and claims data.
On June 10, the federal dataset was transferred to DHS after a series of emails obtained by the Associated Press. Two senior aides to Health Secretary Robert F. Kennedy Jr. allegedly forced the switch. This move set off panic bells among numerous state leaders who feared the dangers of turning over sensitive data to deportation agents.
California Governor Gavin Newsom’s office is panicking. They are concerned that DHS will use this information to facilitate the conduct of immigration raids. Newsom acknowledged that no one should worry that their immigration status will be used against them when they try to receive the medical care they need.
“We should never use a person’s need to go to the doctor against them. This will only lead to more chaos and pain in our communities.” – U.S. Rep. Laura Friedman
Illinois health officials are very worried about the extent of data sharing. They point to threats of violations of privacy protections enshrined by the federal Privacy Act of 1974. They’re concerned that this new plan would put at risk the safety and wellbeing of a growing number of vulnerable communities.
In an email statement, Andrew Nixon, a spokesperson for HHS, defended the actions as a space created by his department. He pointed out that HHS had acted well within its legal authority. This enforcement action ensures that Medicaid benefits are provided solely to individuals who are lawfully eligible to receive them. In Nixon’s defense, he was just repeating what every other official in the administration was saying. He stated that the purpose of the initiative is to prevent unlawful immigrants from using Medicaid and financially draining hardworking Americans.
“With respect to the recent data sharing between CMS and DHS, HHS acted entirely within its legal authority — and in full compliance with all applicable laws — to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.” – Andrew Nixon
Fifth and finally, critics claim these measures will instill beyond fear and terror in immigrant communities. This fear will prevent them from pursuing the care they need to live healthy lives. Perhaps in response to these developments, Governor Newsom’s office doubled down on their stated goal of protecting the privacy of all Californians.
“We deeply value the privacy of all Californians,” – California Gov. Gavin Newsom’s office
State lawmakers in Illinois expressed the same concerns. They told Congress that this massive data transfer would have adverse impacts on people, potentially including those who might be targeted under the new, widely criticized initiative. These fears arise from larger concerns about the potential use of this data by deportation agents.
“Will jeopardize the safety, health, and security of those who will undoubtedly be targeted by this abuse.” – California’s Newsom
DHS’s Jeffrey Grant replied that the agency doesn’t run Medicaid. He made a point to make clear that they aren’t anywhere near the funding or oversight processes for it. Nevertheless, Assistant Secretary Tricia McLaughlin emphasized that CMS and DHS are exploring ways to ensure that illegal immigrants do not access benefits meant for lawful residents.
“Promised to protect Medicaid for eligible beneficiaries. To keep that promise after Joe Biden flooded our country with tens of millions of illegal aliens CMS and DHS are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans.” – Assistant Secretary Tricia McLaughlin
The ramifications of this data-sharing plan are still playing out, as state lawmakers and officials try to gauge what’s in store for their Medicaid programs. Advocates point out that by sharing sensitive information with DHS, it undermines the trust necessary for effective public health programs. These programs explicitly intend to serve all residents, regardless of immigration status.
