Colorado joins multi-state lawsuit to stop transfer of Medicaid data to federal immigration authorities

DENVER— Colorado has joined a multi-state lawsuit seeking to stop federal immigration authorities from getting the personal data of Medicaid recipients in the state.

The lawsuit comes on the heels of a request made to Colorado by the Trump administration last month, asking for personal data for people enrolled in Medicaid.

“We're concerned that the information will be used for harsh and unjust immigration enforcement,” Vanessa Martinez with COLOR Latina said of the requests.

• Read the full lawsuit below

Undocumented immigrants in Denver were on President Donald Trump’s mind this week.

“It's a population that's growing and growing and destroying Denver,” Trump said. “One of the city's largest hospital systems is drowning in unpaid medical bills, unpaid in the billions, after their emergency rooms were flooded with tens of thousands of illegals."

According to the Associated Press, the U.S. Department of Health and Human Services (HHS) gave the U.S. Department of Homeland Security (DHS) the personal data of millions of Medicaid enrollees living in California, Illinois, Washington state and Washington D.C., places that, like Colorado, allow undocumented immigrants to enroll in state-funded Medicaid programs.

The data handed over included names, addresses, Social Security numbers, and immigration status of enrollees.

The Colorado Department of Health Care Policy and Financing, which administers the Medicaid program in Colorado, described the requests it received as “lengthy” and “detailed” and said it was evaluating them.

There are about 21,000 undocumented immigrants enrolled in state-funded Medicaid in Colorado as of June. Martinez said many are fearful that their personal information could potentially be given to US Immigration and Customs Enforcement (ICE).

“We're concerned it would tear apart families," Martinez said. "We're concerned that it would put people in jail that do not belong there."

This week, Colorado Attorney General Phil Weiser announced the state had joined a multi-state lawsuit against HHS to keep ICE from getting personal Medicaid data.

“The personal healthcare data collected about Medicaid beneficiaries is confidential, to be shared only in narrow circumstances that benefit public health and the integrity of the Medicaid program,” Weiser said. “There’s no reason to share this sensitive data with immigration or law enforcement agencies. We’re suing to protect Colorado’s Medicaid program and the health and welfare of the people it serves.”

Martinez said the lawsuit is a good move.

"It is a step that I hope our state continues to take and be bold in pushing back on this unjust targeting and harsh, unproductive immigration enforcement,” she said.

Andrew Nixon, a spokesman for the HHS, said the agency is “aggressively cracking down on states that may be misusing federal Medicaid funds.” He said the agency "acted entirely within its legal authority – and in full compliance with all applicable laws – to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.”

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