Several Illinois congressional Democrats are calling for the federal government to immediately stop sharing Medicaid enrollee data with the Department of Homeland Security, a reported personal data transfer that included the immigration statuses of millions in three Democratic states and Washington, D.C.
The Associated Press this month reported that advisers to Health and Human Services Secretary Robert F. Kennnedy Jr. ordered the data handed over to Homeland Security in a request that specifically targeted California, Illinois, Washington state and the nation’s capital — all areas where people who lack legal status can enroll in Medicaid programs, paid for by state taxpayer dollars. The information could be used to help the federal government find those who lack legal status, or to potentially block efforts for them to receive permanent residency or citizenship.
In Illinois, the Health Benefits for Immigrant Adults program for those ages 42 to 64, is set to expire Monday. Another program for older adults who lack legal status is still in place.
“We write to urge CMS [Centers for Medicare and Medicaid Services] to immediately cease any data sharing with DHS and to direct DHS to destroy any individually identifiable health information transmitted by CMS to DHS,” Democratic lawmakers, including Reps. Raja Krishnamoorthi, Robin Kelly, Jesus “Chuy” Garcia, Danny Davis, Delia Ramirez and Jan Schakowsky wrote in a letter to Kennedy. “We are particularly concerned that these latest actions will have a chilling effect and jeopardize access to services for those who rely on Medicaid and other public programs for lifesaving care, including the 5.5 million U.S. citizen children in mixed status families.”
The 31 Democratic lawmakers in the letter asked Kennedy to provide what data was requested and for what purpose — and what legal authority CMS cited for the release of personally identifiable information. They request a response by July 21.
Garcia told the Chicago Sun-Times he believes the Trump administration is gathering as much data from as many sources as possible to identify workplaces and home addresses of those who lack legal statuses. Garcia called it part of an intimidation strategy that is “sowing real terror and alarming the community.”
“The outcome of this can only be bad. Either people being placed in deportation proceedings, people just dropping out of view, out of sight, driven into the shadows. And of course, the worsening of health outcomes in immigrant communities and among mixed-status families,” Garcia said. “Because most people have relatives that are U.S. citizens or lawful permanent residents, but people don’t want to jeopardize others, and without a doubt, are now living in great fear.”
Garcia said he wants the data-sharing to stop and for any data that has been shared to be destroyed.
“People provided information to determine eligibility, for no other purpose, and it shouldn’t be violated the way that this potentially was,” Garcia said.
Lawmakers in the letter cite a CMS audit announced last month that would increase “federal oversight” of state Medicaid agencies to ensure federal funds were not being used to provide health coverage to those who lack legal status. But the Democrats claim CMS “inappropriately and potentially unlawfully” used the audit to obtain personal data and shared it with Homeland Security.
U.S. Health and Human Services spokesperson Andrew Nixon told the Associated Press this month that the data-sharing was legal, but he declined to explain why the data was shared and how it will be used.
The Illinois Department of Healthcare and Family Services said it is “deeply concerned” about the reports of data-sharing. The department said states are required to routinely share information with CMS in order to receive reimbursement for Medicaid costs, but there is an understanding that the data is protected under the federal Privacy Act of 1974 and other federal regulations, which protect the rights of Americans’ health and personal data.
The department said CMS made a request for more information for Illinois to justify its quarterly claims in April, but Healthcare and Family Services did not provide names, Social Security numbers or addresses. The department was also not given any notice that any Illinois Medicaid customer information was shared outside of CMS, beyond media reports.
Illinois Attorney General Kwame Raoul’s office is “closely monitoring this matter and evaluating our options,” according to spokesperson Jamey Dunn-Thomason.