A newly obtained government memo reveals that immigration officials received access to Medicaid data to assist in deportation efforts. California was among the states affected. Gov. Gavin Newsom criticized the move, calling it an “indiscriminate attack” by President Donald Trump’s administration.
Internal memo shows Medicaid data-sharing
The Associated Press reported that emails and a memo show the Department of Health and Human Services ordered staff at the Centers for Medicare and Medicaid Services to release data, including immigration status, on millions of federal program enrollees.
The Department of Homeland Security was reportedly given the information, according to the Associated Press. Advisers to HHS Secretary Robert F. Kennedy Jr. gave CMS staff 54 minutes to hand over the data.
CMS staff objected to the request, citing legal and ethical concerns over the type of data being shared. Newsom echoed those concerns.
“Sharing Medicaid beneficiary information with the Department of Homeland Security – which is itself legally dubious – will jeopardize the safety, health, and security of those who will undoubtedly be targeted by this abuse, and Americans more broadly,” Newsom said in a statement.
Newsom said the federal government’s release of Medicaid data threatens patient privacy and public trust, especially for low-income and immigrant communities. They argue that every state should be alarmed by the move, which could discourage people from seeking critical care. The AP said individuals in Washington state, Illinois and Washington, D.C., were also included in the data request.
Rep. Laura Friedman responded to the report on social media, writing that no one’s medical needs should be used against them and warned the data-sharing move would lead to “more chaos and pain.”
How did immigration, health officials respond to the report?
Top U.S. officials did not confirm whether the data would be used for deportation purposes. Still, they defended the move as part of efforts to ensure federal benefits are reserved for eligible 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,” said HHS spokesperson Andrew Nixon.
Does federal law protect individuals’ data?
The Health Insurance Portability and Accountability Act (HIPAA) safeguards the privacy of individuals’ health information. While it allows for the disclosure of protected health information to law enforcement under certain circumstances, such disclosures are generally not required and are subject to strict conditions.
For instance, health care providers may disclose information without patient consent only if required by law or through a valid court order. Immigration status is typically considered protected health information under HIPAA.
New CMS oversight under Trump
CMS announced in May tighter oversight of state Medicaid spending, citing concerns that some states may be using federal funds to cover health care for individuals without legal immigration status. Federal law generally limits Medicaid coverage for noncitizens to emergency services only.
In the press release, CMS explained the effort aligns with President Trump’s executive order, which aims to end taxpayer subsidization. “To prevent taxpayer resources from acting as a magnet and fueling illegal immigration to the United States, and to ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens,” the order reads.
The Emergency Medical Treatment and Labor Act, or EMTALA, requires hospitals to provide emergency care to anyone facing a life-threatening condition, regardless of immigration status or ability to pay. The law is meant to ensure that no one is turned away in a medical crisis.
Another federal law requires states to offer emergency Medicaid to noncitizens, including those who are lawfully present but ineligible for full benefits. Seven states and Washington, D.C., go further, offering full Medicaid coverage to undocumented immigrants without seeking reimbursement from the federal government.
The Trump administration has questioned those promises. HHS spokesperson Nixon accused states of “opening the floodgates” and shifting the cost burden onto taxpayers.
States have laws to protect residents’ privacy
Several states, including California, have laws in place to protect the privacy of health information. The California Consumer Privacy Act gives residents rights over how their data is collected and shared.
“The state limits the collection of personal information and safeguards the privacy of everyone’s personal information collected or maintained by our departments.”
Virginia and Colorado also have data privacy laws that give residents more control over how their personal information is collected, shared and used.
