Earlier today, we learned through news reports that the federal government has created a data-sharing agreement between the Centers for Medicare and Medicaid Services (CMS) and the U.S. Department of Homeland Security (DHS), which includes Immigration and Customs Enforcement (ICE). News reports state that ICE will be given access to the personal data of the nation’s 79 million Medicaid enrollees. In Utah, there are roughly 350,000 Medicaid and Children’s Health Insurance Program (CHIP) members.
Neither the Utah Department of Health and Human Services, nor the Utah Department of Workforce Services have been asked by ICE to share Medicaid member data.
Only individuals who are U.S. citizens or individuals in lawful immigration status are eligible for traditional Medicaid coverage. Individuals who are not here legally are not eligible for Medicaid. However, under federal law, all states must provide an Emergency Only program, which temporarily provides a limited Medicaid benefit to non-citizens for coverage of life-threatening conditions.
When someone in Utah applies for medical coverage, the application assures them that the state will not report undocumented people in their home. As part of the Utah application, applicants must provide information about their full household, including for individuals who are not applying for benefits. Applicants are required to attest to citizenship or immigration status. This information is used to determine eligibility based on their family size and poverty level. Additionally, the Department of Workforce Services verifies citizenship as part of the eligibility process.
In compliance with federal rules for participation in the Medicaid program, Utah submits all Medicaid data to the CMS in order to receive the federal payment for services that are delivered through Medicaid. Utah will be seeking clarification from CMS to understand why they shared this information with DHS.
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