Governor Newsom: Trump handed over Californians’ personal information to Homeland Security, a dangerous violation of privacy
What you need to know: Following new reports that the U.S. Department of Health and Human Services has shared Medicaid beneficiary information with the Department of Homeland Security, Governor Newsom slammed the Trump administration for their dangerous abuse of personally identifiable information.
Sacramento, California – Governor Gavin Newsom today slammed the U.S. Department of Health and Human Services (HHS) for reportedly providing Medicaid beneficiary information to the Department of Homeland Security (DHS). According to the Associated Press, “President Donald Trump’s administration this week provided deportation officials with personal data — including the immigration status — on millions of Medicaid enrollees, a move that could make it easier to locate people as part of his sweeping immigration crackdown.”
“We deeply value the privacy of all Californians. This action by the federal government has implications for every person on Medicaid, but it is especially alarming for our immigrants and American mixed-status families who are already under relentless, indiscriminate attack by this administration. The federal government continues to instill fear across this nation and shroud its continued violation of Americans’ privacy rights in propaganda.
“Sharing Medicaid beneficiary information with the Department of Homeland Security – which is itself legally dubious – will jeopardize the safety, health, and security of those who will undoubtedly be targeted by this abuse, and Americans more broadly. Federal law requires emergency care to be provided to all to save lives, and the federal government helps pay for it for low-income individuals, regardless of immigration status. Every state should be concerned about this data sharing and its implications for the safety and health of its communities. We will continue to vigorously defend Californians’ privacy rights and explore all avenues to protect their information and safety.”
Governor Gavin Newsom
The federal government funds some aspects of Medi-Cal, including emergency services, and the state is required to share certain information with the U.S. Centers for Medicare & Medicaid Services (CMS), a federal agency within HHS. Last month, California’s Department of Health Care Services (DHCS) responded to a federal data request to demonstrate that federal Medicaid funds were claimed only as permitted and allowable by federal rules. DHCS did not provide any demographic data to CMS that CMS does not already receive on a regular basis, as is federally required.
Medicaid Beneficiary Information
CMS serves as the focal point for federal health insurance programs such as Medicaid (Medi-Cal in California). These critical health coverage programs serve millions of families, children, pregnant women, adults without children, and also seniors and people living with disabilities. California is required to share certain information with CMS under the expectation that the federal government uses that information for administering the Medicaid program, within the confines of federal law and policy.
CMS regularly receives data for every person enrolled in Medi-Cal, including immigrants with lawful status who are eligible for full-scope Medi-Cal, and undocumented immigrants who, under federal law, are eligible for Medicaid emergency services. Emergency Medi-Cal provides coverage for medical emergencies, including childbirth, for all eligible low-income residents of California, including undocumented immigrants. Every state has an emergency Medicaid program. Emergency Medi-Cal eliminates the financial obstacles that can prevent individuals from seeking emergency care and helps keep open hospital emergency departments, who must meet a federal requirement to provide emergency services regardless of an individual’s ability to pay.
California’s privacy protections
California is committed to protecting the privacy rights of all Californians consistent with Article 1 of the California Constitution, the Information Practices Act of 1977, and other state and federal laws. The state limits the collection of personal information and safeguards the privacy of everyone’s personal information collected or maintained by our departments. Additionally, each department utilizes industry-standard best practices to store and manage all data in its possession.
The state only uses Medi-Cal application information to determine eligibility. Authorized access, use, and disclosure of sensitive data are governed by federal and state laws designed to protect confidentiality and program integrity.