Washington, DC – The National Health Law Program (NHeLP) has filed a Freedom of Information Act (FOIA) request with the U.S. Department of Health and Human Services (HHS) seeking records related to the disclosure of personally identifiable information of immigrants to the Department of Homeland Security (DHS). The request specifically targets the role of the Centers for Medicare & Medicaid Services (CMS), an agency within HHS, in sharing Medicaid-related data with DHS for immigration enforcement purposes. The data disclosure was announced by the AP last month, and since then, California and 19 other states have challenged the disclosure in the DC federal district court.
NHeLP has requested expedited processing of the request due to the importance of the information to the general public. The organization emphasized that disclosure of the requested information will likely “contribute significantly to public understanding” of how Medicaid agencies operate and how they approach the transfer of data to other federal entities, including DHS.
“Sharing of people’s personal information erodes trust in health care systems and could have a chilling effect on immigrant families seeking care,” said Kim Lewis, Managing Director of California Advocacy at NHeLP. “People should not fear that participating in Medicaid will expose them or their loved ones to immigration enforcement.”
Last month, NHeLP condemned reports that HHS officials shared sensitive data of people living in California, Illinois, Washington, and Washington, D.C — including names, addresses, and immigration status—with the Department of Homeland Security.
“Pure and simple: Our laws promise those who are covered through Medicaid that their personally identifying and health information will be held confidential. Sharing that information with those who are taking actions against immigrants provides yet another example of this administration running roughshod over bedrock legal protections,” said Sarah Somers, NHeLP Legal Director. “Sharing this data will almost certainly have a chilling effect and discourage eligible individuals from enrolling in Medicaid or seeking necessary medical care.”
That chilling effect is already well-documented. During the previous Trump administration, proposed changes to the public charge rule, which penalizes lawfully present immigrants for using public benefits, caused widespread fear in immigrant communities, leading many to withdraw from or avoid enrolling in public programs, even when they or their children were fully eligible.
