Overview

• Judge Vince Chhabria granted a preliminary injunction on Aug. 12 barring HHS from sharing and DHS/ICE from using Medicaid enrollee data obtained from the 20-state coalition
• In July, CMS entered a sealed agreement granting DHS daily access to personally identifiable information for an estimated 79 million Medicaid enrollees, including Social Security numbers and home addresses
• Career CMS officials warned that the transfers likely violated HIPAA, the Privacy Act, and the Social Security Act before they were overruled by senior advisers to HHS Secretary Robert F. Kennedy Jr.
• HHS has maintained the data-sharing arrangement is lawful and has not committed to halting any transfers beyond the scope of the injunction
• Immigrant advocates and state attorneys general caution that disclosure of sensitive health data could deter vulnerable populations from seeking emergency care and undermine public health programs