HIPAA/HITECH,
Standards, Regulations & Compliance
California AG Leads Coalition to Prevent DHS and ICE from Accessing Personal Health Data
In a significant legal move, California’s Attorney General Rob Bonta has initiated a lawsuit alongside 19 other state attorneys general against the Trump administration. The suit aims to halt the U.S. Department of Health and Human Services (HHS) from purportedly disclosing Medicaid beneficiaries’ personal health information to the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement (ICE) division.
Bonta criticized the administration’s actions as a violation of established privacy protections, specifically arguing that this alleged sharing of sensitive health data is part of a broader “anti-immigration” strategy. The lawsuit holds that since the enactment of the Medicaid Act seventy years ago, there has been a clear mandate for confidentiality regarding beneficiaries’ personal healthcare information, which can only be shared under restricted conditions that serve public health or uphold the integrity of the Medicaid program.
According to the states involved, they received alarming reports that Medicaid data files containing personal health records of millions have been handed over to DHS to help create a national database aimed at “mass deportations” and other extensive immigration enforcement initiatives. The lawsuit, filed in a federal court in Northern California, seeks to prohibit any future disclosures or applications of Medicaid data for immigration-related purposes.
The litigation contends that the Trump administration’s alleged actions contravene several federal statutes and regulations, including those outlined in the Health Insurance Portability and Accountability Act (HIPAA) and the Privacy Act. While some personal data is routinely shared between states and the federal government for the management of Medicaid, the historical precedent has been that such information cannot be used for immigration enforcement.
Bonta pointed out that the federal government seems to be adopting what appears to be an unofficial policy that permits broad access to state residents’ personal Medicaid data for nonrelated purposes. This departure from the established framework significantly raises concerns about privacy and the potential ramifications on public health.
Joining California in this legal action are attorneys general from numerous states including Arizona, Connecticut, and Massachusetts, among others. New Jersey’s Attorney General Matthew Platkin highlighted that the sharing of Medicaid data with ICE could deter vulnerable populations—such as low-income families and pregnant individuals—from enrolling in Medicaid or seeking necessary medical care due to fears of privacy violations. The impact of such deterrence could be dire, leading to worsening health conditions and increased financial burdens for emergency care.
At present, HHS has not issued any comments regarding the ongoing lawsuit. As this situation unfolds, it signifies a critical moment in the intersection of health data privacy and immigration enforcement, raising urgent questions about the security of sensitive personal information.
