By AMANDA SEITZ and KIMBERLY KINDY, WASHINGTON (AP):- A federal judge ordered the nation’s health department to stop giving deportation officials access to the personal information — including home addresses — of all 79 million Medicaid enrollees.
The U.S. Department of Health and Human Services first handed over the personal data on millions of Medicaid enrollees in a handful of states in June. After an Associated Press report identified the new policy, 20 states filed a lawsuit to stop its implementation.
In July, the Centers for Medicare and Medicaid Services entered into a new agreement that gave the Department of Homeland Security daily access to view the personal data — including Social Security numbers and home address — of all the nation’s 79 million Medicaid enrollees. Neither agreement was announced publicly.
The extraordinary disclosure of such personal health data to deportation officials in the Trump administration’s far-reaching immigration crackdown immediately prompted the lawsuit over privacy concerns.
The Medicaid data sharing is part of a broader effort by the Trump administration to provide DHS with more data on migrants. In May, for example, a federal judge refused to block the Internal Revenue Service from sharing immigrants’ tax data with Immigration and Customs Enforcement to help agents locate and detain people living without legal status in the U.S.
The order, issued by federal Judge Vince Chhabria in California, temporarily halts the health department from sharing personal data of enrollees in those 20 states, which include California, Arizona, Washington and New York.
“Using CMS data for immigration enforcement threatens to significantly disrupt the operation of Medicaid—a program that Congress has deemed critical for the provision of health coverage to the nation’s most vulnerable residents,” Chhabria wrote in his decision, issued on Tuesday.
Chhabria, an appointee of President Barack Obama, said that the order will remain in effect until the health department outlines “reasoned decisionmaking” for its new policy of sharing data with deportation officials.
A spokesperson for the federal health department declined to directly answer whether the agency would stop sharing its data with DHS. HHS has maintained that its agreement with DHS is legal.
Immigrants who are not living in the U.S. legally, as well as some lawfully present immigrants, are not allowed to enroll in the Medicaid program that provides nearly free coverage for health services. But federal law requires all states to offer emergency Medicaid, a temporary coverage that pays only for lifesaving services in emergency rooms to anyone, including non-U.S. citizens. Medicaid is a jointly funded program between states and the federal government.
Immigration advocates have said the disclosure of personal data could cause alarm among people seeking emergency medical help for themselves or their children. Other efforts to crack down on illegal immigration have made schools, churches, courthouses and other everyday places feel perilous to immigrants and even U.S. citizens who fear getting caught up in a raid.
“Protecting people’s private health information is vitally important,” Washington state’s Attorney General Nick Brown said in a statement. “And everyone should be able to seek medical care without fear of what the federal government may do with that information.”