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Judge blocks HHS from sharing Medicaid data with immigration officials

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A federal judge ordered the Department of Health and Human Services to stop providing immigration officials with personal data from Medicaid receptions, including their home address.

Obama-appointed District Judge Vince Chhabria grants a preliminary injunction to stop Department of Homeland Security By using Medicaid data obtained from 20 states to stop sharing of data.

The order issued Tuesday, preventing HHS from sharing data from Medicaid participants in these states through immigration and customs enforcement, with the aim of targeting immigrant deportation.

“Using CMS data for immigration enforcement threatens to seriously undermine Medicaid’s operations, a program Congress believes is crucial to providing health insurance to the most vulnerable residents in the United States,” Chhabria wrote.

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The judge ordered HHS to stop providing personal data from Medicaid receptions to immigration officials. (Kayla Bartkowski/Getty Images)

The judge wrote that while DHS collects data from other agencies for immigration enforcement purposes is not “absolutely illegal”, ICE has developed policies for the use of Medicaid data, which lasted for 12 years.

Medicare and Medicaid Services has also maintained a policy of using patient personal information to run only its healthcare plan.

“In view of these policies, and given that various actors in the Medicaid system rely on them, it is the responsibility of institutions to conduct a reasonable decision-making process before they are changed,” Chhabria wrote.

Chhabria said the preliminary injunction will remain in effect until the end of HHS’ new policy or lawsuit to share data with immigration officials, or that HHS provides “reasonable decisions”.

Disclosure of Medicaid data is part of the Trump administration’s broader effort to provide more data to help find immigrants and execute the president Massive eviction program. In May, a federal judge refused to prevent the IRS from sharing immigration tax data with ICE officials.

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HHS Headquarters

Disclosure of Medicaid data is part of the Trump administration’s broader effort to provide more data to help locate immigrants. (Saul Loeb/AFP)

“The Trump administration has taken a move to use Medicaid data for immigration enforcement, leaving long-standing policy protections without notice or consideration of consequences,” California Attorney General Rob Bonta said in a statement. “As the president continues to exaggerate his authority in his inhumane anti-immigrant crusades, it is a clear reminder that he is still subject to the law.”

HHS first provided personal information for millions of Medicaid workers in June, prompting lawsuits in 20 states to block new policies.

In July, Medicare and the Medicaid Service Center signed a new agreement that allows the Department of Homeland Security to access the personal data of 79 million Medicaid participants in the country every day, including their social security numbers and home addresses.

Neither agreement was announced publicly. HHS insists that its consent with DHS is legal.

Medicaid officials tried to block data transmission, but they were rejected by Secretary of Health and Human Services Robert F. Kennedy Jr.

Legal and illegal immigrants do not have the right to join the Medicaid program, which provides health services almost free of charge. However, under federal law, all states must provide emergency Medicaid, a temporary coverage that covers only lifesaving services in emergency rooms, including anyone who is not a U.S. citizen.

DHS Sealing

The judge blocked DHS from using Medicaid data that filed lawsuits from 20 states to stop sharing of data. (Getty Image)

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“Protecting people’s private health information is crucial,” Washington State Attorney General Nick Brown said in a statement. “And everyone should be able to seek medical care without worrying about what the federal government might do with that information.”

shared Personal data of Medicaid participants Immigration advocates warn that it may attract the attention of people seeking emergency medical help for themselves or their children.

The Associated Press contributed to this report.

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