FOR IMMEDIATE RELEASE
Media Contact
Marc Williams
Department of Health Care Policy & Financing
720-626-0801 (Cell)
Colorado is part of a multistate lawsuit seeking to prevent the Department of Health and Human Services (HHS) from sharing data with the Department of Homeland Security (DHS). While that case is ongoing, in a preliminary order, a federal judge indicated that HHS and the Centers for Medicare & Medicaid Services (CMS) may share certain data with DHS about individuals who are not lawfully residing in the U.S. To date, CMS has not provided Colorado guidance on whether or how this specific information might be shared.
The Colorado Department of Health Care Policy & Financing (HCPF) is monitoring developments closely. We also understand that people are concerned about whether Medicaid information could be used for federal immigration enforcement. Here’s what we know now:
Under federal law, HCPF must share certain basic information with CMS — the federal agency that runs Medicaid — because Medicaid is jointly financed and administered by the state and federal government. These monthly reports include demographic and eligibility information, such as name, address, date of birth, Social Security Number (if provided) or Medicaid ID, and immigration status for each Medicaid member who receives services. HCPF only shares Medicaid information with CMS. HCPF does not share information with federal immigration officials, although as this communication outlines, we cannot directly control what CMS shares.
According to this recent court ruling, CMS may share certain personal information about people who are not lawfully residing in the U.S., including citizenship or immigration status, address, phone number, date of birth, and Medicaid ID with other federal agencies, including federal immigration officials. However, CMS cannot share information about anyone who is lawfully in the U.S. If it is not possible to separate data for individuals not lawfully residing in the U.S. from data for lawful residents or citizens, CMS cannot share it at all. These restrictions remain in place while we continue to pursue all available legal remedies in court to protect member data to the maximum possible extent. Things may change as the lawsuit progresses through the courts.
HCPF opposes the use of Medicaid information for federal immigration enforcement because it could discourage people from accessing the health care they need. We are challenging - and will continue to challenge - any inappropriate use of member data.
We take member privacy seriously and are committed to protecting personal health information. We understand that people may still have questions, and anyone seeking guidance can consult a trusted immigration attorney or legal aid organization.
About the Colorado Department of Health Care Policy & Financing: The Department administers Health First Colorado (Colorado's Medicaid program), Child Health Plan Plus, and other programs for Coloradans who qualify. These health care programs now cover about one in four Coloradans. For more information about the Department, please visit hcpf.colorado.gov.