National Health Law Program Challenges Medicaid Data Sharing with Immigration Enforcement

The National Health Law Program (NHeLP) has filed a Freedom of Information Act (FOIA) request with the U.S. Department of Health and Human Services (HHS) seeking records related to the disclosure of personally identifiable information of immigrants to the Department of Homeland Security (DHS) through Medicaid data sharing. This move comes after reports emerged last month that HHS officials shared sensitive data, including names, addresses, and immigration status, with DHS in California, Illinois, Washington, and Washington, D.C. NHeLP is seeking expedited processing of the request due to the importance of the information to the public.

Key Takeaways:

• NHeLP has filed a FOIA request with HHS seeking records on the disclosure of personally identifiable information of immigrants to DHS through Medicaid data sharing.
• The request specifically targets the role of the Centers for Medicare & Medicaid Services (CMS) in sharing Medicaid-related data with DHS for immigration enforcement purposes.
• 20 states, including California, have challenged the disclosure of Medicaid data in court.
• NHeLP emphasizes that the disclosure of personally identifiable information erodes trust in healthcare systems and may discourage eligible individuals from enrolling in Medicaid or seeking necessary medical care.
• Sharing this data may have a chilling effect similar to the one observed during the previous Trump administration, where proposed changes to the public charge rule caused fear in immigrant communities.
• NHeLP's legal director, Sarah Somers, stated that sharing this data "provides yet another example of this administration running roughshod over bedrock legal protections."
• NHeLP's managing director, Kim Lewis, emphasized that people should not fear that participating in Medicaid will expose them or their loved ones to immigration enforcement.

Statistics:

• 20 states have challenged the disclosure of Medicaid data in court, including California.
• During the previous Trump administration, proposed changes to the public charge rule caused widespread fear in immigrant communities, leading many to withdraw from or avoid enrolling in public programs.
• The proposed changes to the public charge rule had a significant impact on immigrant communities, with 1 in 5 eligible immigrant families fearful of applying for Medicaid or other public benefits.

Sources:

• National Health Law Program (NHeLP) press release, "National Health Law Program Files FOIA Request for Documents Related to Immigrant Data Sharing by the Medicaid Agency and Immigration Enforcement"
• Washington Post, "California, 19 other states sue over Trump administration's sharing of Medicaid data with immigration officials"
• Health Law News, "NHeLP condemns HHS officials for sharing sensitive data of immigrants"