CMS and the Department of Homeland Security have entered an agreement that will enable Immigration and Customs Enforcement officials to access the personal data of the nation’s 79 million Medicaid members, according to an exclusive report from The Associated Press.
Six things to know:
- According to the agreement, which has not yet been made public, “ICE will use the CMS data to receive identity and location information on aliens identified by ICE.” The data includes Medicaid enrollees’ names, addresses, ethnicities and Social Security numbers.
- It’s unclear whether DHS has accessed the information yet. In a statement to AP, Tricia McLaughlin, the department’s assistant secretary, confirmed the agencies “are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding citizens.”
- HHS officials first ordered CMS to share data on Medicaid enrollees in seven states with DHS in June, saying the information was needed to prevent the states from using federal Medicaid funds to cover care for undocumented immigrants. However, the new agreement between DHS and CMS clarifies that ICE officials intend to use enrollee data to support the Trump administration’s broader deportation efforts.
- Federal law requires states to provide emergency Medicaid for lifesaving services regardless of immigration status, but full benefits are generally limited to U.S. citizens and certain qualified immigrants. However, CMS has argued that some states have extended benefits beyond what federal rules allow, shifting additional costs to federal taxpayers. A handful of states, including California, Illinois and Washington, have said they cover certain groups of non-U.S. citizens using only state funds and do not bill the federal government for those costs.
- HHS’ June directive for states to share personal Medicaid enrollee data with DHS sparked swift legal action. Attorneys general from 20 states sued the Trump administration, alleging the order violates federal health privacy laws, including HIPAA and the Social Security Act. A hearing in that case is scheduled for Aug. 7.
- Healthcare professionals have said tightened ICE enforcement is creating fear among immigrant communities across the country, with some patients delaying or avoiding necessary care over concerns that hospital visits may lead to ICE encounters.
Becker’s has reached out to CMS and will update the report should more information become available.
