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US Health Department’s Controversial Data Sharing with ICE Sparks Privacy ConcernsETCISO
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The US Department of Health and Human Services (HHS) is providing Immigration and Customs Enforcement (ICE) access to personal data of around 79 million Medicaid enrollees to assist in identifying individuals who may not be living in the country legally. The development reflects an expansion of federal immigration enforcement through healthcare oversight.
A spokesperson from HHS confirmed that data sharing between the Centers for Medicare and Medicaid Services (CMS) and the Department of Homeland Security (DHS), which oversees ICE, was carried out within legal boundaries. “With respect to the recent data sharing between CMS and DHS, HHS acted entirely within its legal authority – and in full compliance with all applicable laws – to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them,” the spokesperson said.
The move has raised privacy concerns, particularly under the Health Insurance Portability and Accountability Act (HIPAA). HHS did not specify the type of information shared or detail any safeguards in place to protect sensitive data. However, according to the Associated Press, which reviewed the agreement, the data provided includes enrollees’ home addresses and ethnicities.
A DHS spokesperson said the initiative with CMS is meant to ensure that individuals residing unlawfully in the US do not receive Medicaid benefits. Under federal law, undocumented immigrants are not eligible for Medicaid. However, 14 states and the District of Columbia offer Medicaid coverage for eligible children regardless of immigration status, while seven states and DC do so for adults.
An HHS spokesperson stated, “CMS is aggressively cracking down on states that may be misusing federal Medicaid funds to subsidize care for illegal immigrants. This oversight effort – supported by lawful interagency data sharing with DHS – is focused on identifying waste, fraud, and systemic abuse.”
The agreement, signed earlier this week, follows a series of administrative actions that align with the Trump administration’s broader immigration strategy. Last week, HHS widened its interpretation of a law that restricts most immigrants from receiving federal public benefits. The policy shift adds another layer of complexity for immigrant families navigating healthcare access in the US.
