Overview

• The lawsuit filed July 1 in the U.S. District Court for the Northern District of California seeks to stop further transfers by HHS and to order the destruction of data already handed over to DHS and ICE.
• Plaintiffs allege that a June 10 HHS directive forwarded personally identifiable Medicaid enrollee files—including names, addresses, Social Security numbers and immigration status—without notice or statutory authorization.
• Attorneys general contend these actions violate HIPAA, the Privacy Act, the Administrative Procedure Act and the Social Security Act by exceeding HHS’s legal authority.
• Internal emails obtained by the AP show career Centers for Medicare & Medicaid Services staff warned that sharing the data could breach federal law, but appointees overruled objections and imposed a tight deadline for compliance.
• Lawmakers and public health advocates have urged DHS to purge the improperly obtained records, warning that fear of enforcement could lead immigrants to forgo vital medical care.