HHS officials ordered CMS to provide the personal data of Medicaid enrollees to the Department of Homeland Security in June, according to an exclusive report from the Associated Press.
The shared data includes the immigration status of Medicaid enrollees in California, Illinois, Washington state and Washington, D.C., which could make it easier to locate undocumented individuals.
CMS has been ramping up federal oversight to prevent states from “misusing” Medicaid funds to cover care for undocumented immigrants. While federal Medicaid dollars are generally limited to emergency services for “noncitizens with unsatisfactory immigration status” who meet specific eligibility criteria, CMS argues that some states have expanded benefits beyond what is permitted — shifting additional costs to federal taxpayers.
“Medicaid is not, and cannot be, a backdoor pathway to subsidize open borders,” CMS Administrator Mehmet Oz, MD, previously said. “States have a duty to uphold the law and protect taxpayer funds. We are putting them on notice — CMS will not allow federal dollars to be diverted to cover those who are not lawfully eligible.”
House Republicans’ proposed budget reconciliation package also includes provisions to penalize states financially if they provide Medicaid benefits to noncitizen residents by reducing their ACA expansion matching rate. Several states have recently moved to drop or reduce Medicaid coverage to noncitizens.
“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,” California Gov. Gavin Newsom said in a June 13 statement. “Federal law requires emergency care to be provided to all to save lives, and the federal government helps pay for it for low-income individuals, regardless of immigration status. Every state should be concerned about this data sharing and its implications for the safety and health of its communities. We will continue to vigorously defend Californians’ privacy rights and explore all avenues to protect their information and safety.”
