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Orgo-Life the new way to the future Advertising by AdpathwayDENVER (KDVR) -- Colorado joined with several other states to file a lawsuit in an effort to block the mass transfer of Medicaid enrollee data to U.S. Immigration and Customs Enforcement and the Department of Homeland Security.
The lawsuit was filed Tuesday in the U.S. District Court for the Northern District of California. Colorado Attorney General Phil Weiser and AGs from several other states argue that the U.S. Department of Health and Human Services’ decision to provide unrestricted access to personal health data to DHS and ICE violates the law.
The federal government claims that sharing the data helps identify individuals who are not legally entitled to Medicaid benefits.
Weiser said in a statement that personal healthcare data about Medicaid beneficiaries is confidential and is to be shared only in narrow circumstances that benefit public health and the integrity of the program.
“There’s no reason to share this sensitive data with immigration or law enforcement agencies. We’re suing to protect Colorado’s Medicaid program and the health and welfare of the people it serves,” the statement from AG Weiser read in part.
In a press release, the Colorado AG's office said that DHS has historically acknowledged that the Medicaid Act and other authorities prohibit the use of Medicaid data for immigration enforcement purposes. However, the AG's office said the federal government apparently adopted a new policy, without formal acknowledgement, allowing for the use of personal Medicaid data for purposes unrelated to the program.
The Associated Press first reported last month that Health Secretary Robert F. Kennedy Jr.'s advisers ordered the release of data to DHS, including private health information of people living in California, Illinois, Washington state and Washington, D.C., which all allow non-citizens to enroll in Medicaid programs.
Medicaid officials tried to block the transfer, citing legal and ethical concerns, but were unsuccessful. According to the AG's office, states learned about the data transfer through news reports on June 13.
"Reports indicate that the federal government plans to create a sweeping database for mass deportations and other large-scale immigration enforcement purposes," the press release states.
The lawsuit requests that the court block any new transfer or use of that data for immigration enforcement purposes.
The coalition asks the court to find the Trump administration’s actions in violation of the Administrative Procedure Act and the Spending Clause, and contrary to the Social Security Act, Health Insurance Portability and Accountability Act, Federal Information Security Modernization Act, and Privacy Act.
AGs from several states joined, including Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.