LANSING, Mich. (Michigan News Source) – Michigan Attorney General Dana Nessel joined a coalition of more than 15 states to challenge the U.S. Department of Health and Human Services’ (HHS) decision to provide access to individual personal health data to the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement.
The lawsuit.
In the lawsuit, the attorneys general argued that the mass transfer of people’s health data violates the law. The attorneys general asked the court to block any new transfer or use of individual’s data for immigration enforcement purposes.
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“Our personal healthcare data is exactly that: personal,” Nessel said in a statement. “It should remain confidential and be accessible only to agencies directly involved with Medicaid. This unlawful move by the Trump Administration to grant access to unrelated entities will undoubtedly harm the health, privacy, and well-being of all Michiganders. I remain committed to protecting our privacy rights.”
Personal data and privacy.
The attorneys general acknowledge that “a certain amount of personal data is routinely exchanged between the states and the federal government for purposes of administering Medicaid, including verifying eligibility for federal funding. Historically, DHS has acknowledged that the Medicaid Act and other federal healthcare authorities foreclose the use of Medicaid personal information for immigration enforcement purposes.”
In addition, the attorneys general claim individual health care data appears to be used by the federal government for “purposes unrelated to Medicaid program administration.”
U.S. Health and Human Services spokesperson.
However, the HHS pushed back on those claims. U.S. Health and Human Services spokesperson Andrew Nixon told the Associated Press the data sharing was legal and “in full compliance with all applicable laws — to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.”
Nessel joined the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington in filing the lawsuit.