The Department of Health and Human Services, led by Secretary Robert F. Kennedy Jr., has ordered the transfer of Medicaid data of undocumented migrants to the Department of Homeland Security, raising legal and privacy alarms.
The data includes sensitive personal information such as names, addresses, immigration status, and health care claims for millions of enrollees, including those funded by states like California that cover such benefits through their own budgets. Legal experts warn that this move could violate federal laws like the Social Security Act, which protect Medicaid enrollee privacy.
Medicaid officials have cautioned that they lack legal authority for this disclosure, which could cause states to withhold cooperation, thereby disrupting Medicaid operations.
California Governor Gavin Newsom condemned the order as "potentially illegal," emphasizing that it may undermine immigrant trust in the healthcare system amid active federal enforcement presence in local immigrant communities. This data sharing creates fears that undocumented individuals might avoid seeking healthcare due to deportation concerns.
An HHS spokesperson claimed the agency acted legally, though declined to clarify how DHS would utilize the data, deepening worries about possible immigration enforcement use and damage to healthcare provider-patient relationships.
This development intensifies the debate over the intersection of healthcare, immigration enforcement, data privacy, and federal authority. Some states may resist the data requests to protect vulnerable populations and ensure continued access to medical care without fear.
As health and social services become central in immigration policy conflicts, this episode underscores the urgent need for strong privacy protections for personal data amidst expanding government data collection.
Source: WIRED Article: RFK Jr. Orders HHS to Give Undocumented Migrants’ Medicaid Data to DHS
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