The partial lifting of a months-long data-sharing ban represents a setback for 22 states that sued the Trump administration over privacy concerns, arguing that turning over health information of Medicaid enrollees to immigration enforcement agencies threatened vulnerable populations and violated federal privacy protections.
A federal judge ruled that the Department of Health and Human Services may resume sharing limited personal data from Medicaid enrollees with federal deportation officials as of Monday, setting strict boundaries on what information can be transferred. U.S. District Judge Vince Chhabria in San Francisco ruled last week that after a temporary court order expired Jan. 5, HHS may hand over only “basic biographical, location and contact information” about immigrants residing in the United States illegally to Immigration and Customs Enforcement — but may not transfer detailed medical records or data about U.S. citizens and legal immigrants in the 22 states that brought suit.
The ruling restricts HHS and the Centers for Medicare and Medicaid Services from providing detailed, sensitive medical information to the Department of Homeland Security or ICE while the underlying lawsuit plays out. The agencies also may not transfer Medicaid data about U.S. citizens or legal immigrants residing in any of the 22 plaintiff states, Chhabria wrote.
The partial lifting of a months-long data-sharing ban represents a setback for those 22 states, which sued the Trump administration over privacy concerns, arguing that turning over health information of Medicaid enrollees to immigration enforcement agencies threatened vulnerable populations and violated federal privacy protections. The states’ lawsuit came after an Associated Press report identified the data-sharing policy.
What the ruling permits and what it blocks
Chhabria wrote in a court filing that sharing basic biographical data “is clearly authorized by law and the agencies have adequately explained their decisions.” He blocked the transfer of a broader category of sensitive health information, however, writing that the new federal policies “are totally unclear about what that information would be, why it would be needed for immigration enforcement purposes, and what the risks of sharing it with DHS would be.”
It was not immediately clear Monday whether HHS had resumed sharing data on Medicaid recipients living in the United States illegally. A spokesperson did not immediately respond to a request for comment, the AP reported.
How the dispute developed
Chhabria initially blocked HHS from sharing Medicaid personal data — which includes home addresses — with ICE officers in August. He extended that temporary order in December before issuing last week’s ruling setting the Jan. 5 expiration date.
The dispute traces to a series of data-sharing arrangements that were not announced publicly. HHS first shared personal data on millions of Medicaid enrollees in a handful of states in June. In July, CMS entered into a new agreement that gave DHS daily access to the personal data — including Social Security numbers and home addresses — of all 77 million of the nation’s Medicaid enrollees.
CMS said in November that its intention to provide data to ICE is “consistent with federal laws” and intended “to advance administration priorities related to immigration.”
Who is covered under Medicaid
Immigrants living in the United States illegally, as well as some who are lawfully present, are not permitted to enroll in Medicaid, which provides nearly free coverage for a broad range of health services. Federal law requires all states, however, to offer emergency Medicaid — a temporary coverage that pays only for lifesaving services in emergency rooms — to any person, including non-U.S. citizens.
Immigration advocates have said the disclosure of personal data could cause alarm among people seeking emergency medical help for themselves or their children, the AP reported. Other federal immigration enforcement efforts have made schools, churches, courthouses, and other public settings feel threatening to immigrants and to U.S. citizens who fear being caught up in enforcement actions.
Data sharing extends across federal agencies
The Medicaid data dispute is one of several government data-sharing arrangements that have emerged as part of the Trump administration’s immigration enforcement campaign. In May, a federal judge refused to block the Internal Revenue Service from sharing immigrants’ tax data with ICE to help agents locate and detain people living in the United States illegally.