Judge blocks sharing of Washington Medicaid data for immigration enforcement

13 August  SEATTLE – A federal judge has granted a preliminary injunction to block the Department of Homeland Security (DHS) from using Medicaid data obtained from Washington and 19 other plaintiff states for immigration enforcement purposes.

 
The judge also barred the U.S. Department of Health and Human Services (HHS) from sharing Medicaid data with DHS, saying that Washington and the multistate coalition were likely to succeed on their claim that the action violated the Administrative Procedure Act’s prohibition on arbitrary and capricious agency action.
 
The preliminary injunction will remain in place either until after HHS and DHS complete a reasoned decision-making process that complies with the Administrative Procedure Act, or until litigation concludes.
 
“Protecting people’s private health information is vitally important,” Attorney General Nick Brown said. “And everyone should be able to seek medical care without fear of what the federal government may do with that information.”
 
On July 1, Washington joined a multistate coalition led by California to sue the Trump administration, arguing that the mass transfer of Medicaid data violates the law and asking the court to block any new transfer or use of this data for immigration enforcement purposes. The lawsuit highlighted that the administration’s illegal actions are creating fear and confusion, leading eligible noncitizens and their family members to disenroll, or refuse to enroll, in emergency Medicaid. This leaves states and their safety net hospitals to foot the bill for federally mandated emergency health care services. 
 
Washington’s Medicaid program is operated as a part of the broader Apple Health suite of health benefits programs. Washington residents signed up for Apple Health understanding that their information would be confidential and not shared for reasons unrelated to the provision of health care.
 
Apple Health includes Apple Health Expansion, which provides full-scope medical services to Washington residents regardless of their immigration status. There are more than 1.9 million Apple Health clients in Washington, including about 49,000 whose immigration status makes them ineligible for some federally funded programs. Apple Health covers a range of health care services, including inpatient and outpatient hospital care, primary and preventative care, long-term services and supports, and behavioral health.
 
Brown joined the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont in filing the lawsuit.