An agreement signed between the Centers for Medicare and Medicaid Services (CMS) and the Department of Homeland Security(DHS) allows Immigration and Customs Enforcement (ICE) to access personal records of the 79 million Medicaid enrollees in the U.S., starting Thursday, July 17.
This includes name, address, date of birth, Social Security number, race and ethnicity in order to locate “aliens” who may be living in the country illegally. Although ICE cannot download the data, it can be viewed online Monday through Friday between 9 a.m. and 5 p.m., through Sept. 9.
Why is it controversial?
This massive access has raised concerns among public health and privacy advocates.
Many Medicaid enrollees, including legal and non-legal immigrants, use this program primarily for emergency care.
Sharing their information with ICE may deter them from seeking medical care when necessary.
According to former CMS advisors, “it is implausible that CMS would violate the trust of Medicaid beneficiaries in this way” .
Legal actions and state opposition
Access to this information provoked an immediate reaction.
Lawmakers such as Sen. Adam Schiff (D-Calif.) called the exchange “a massive violation of our privacy laws” that could lead many people to avoid essential health services.
As many as 20 states led by Democratic governors (California, New York, Washington, Oregon, Illinois, Minnesota and Colorado) filed lawsuits alleging that this agreement violates federal medical privacy laws.
Government justification and legal debate
Buzzy
President Trump’ s administration defended the measure as a strategy to reduce Medicaid spending and prevent fraud.
CMS and HHS officials stated that DHS will use the data “to ensure that Medicaid benefits are reserved for those who are legally entitled to them.”
However, internal disclosures show doubts about the legality of sharing the data, even with urgent calls to stop the deal.
This policy can have negative effects on the immigrant community, causing fear and distrust of medical services, schools and communities.
It could affect both undocumented and legal immigrants who rely on Medicaid for emergency care.
It also opens a troubling precedent about the extent to which the government can use health data to pursue immigration and security purposes.
Es una violación masiva de nuestras leyes de privacidad
senador Adam Schiff
