Governor Newsom: Trump handed over Californians’ personal information to Homeland Security, a dangerous violation of privacy

The federal government funds some aspects of Medi-Cal, including emergency services, and the state is required to share certain information with the U.S. Centers for Medicare & Medicaid Services (CMS), a federal agency within HHS. Last month, California’s Department of Health Care Services (DHCS) responded to a federal data request to demonstrate that federal Medicaid funds were claimed only as permitted and allowable by federal rules. DHCS did not provide any demographic data to CMS that CMS does not already receive on a regular basis, as is federally required.
 

Medicaid Beneficiary Information

CMS serves as the focal point for federal health insurance programs such as Medicaid (Medi-Cal in California). These critical health coverage programs serve millions of families, children, pregnant women, adults without children, and also seniors and people living with disabilities. California is required to share certain information with CMS under the expectation that the federal government uses that information for administering the Medicaid program, within the confines of federal law and policy. 

CMS regularly receives data for every person enrolled in Medi-Cal, including immigrants with lawful status who are eligible for full-scope Medi-Cal, and undocumented immigrants who, under federal law, are eligible for Medicaid emergency services.  Emergency Medi-Cal provides coverage for medical emergencies, including childbirth, for all eligible low-income residents of California, including undocumented immigrants. Every state has an emergency Medicaid program. Emergency Medi-Cal eliminates the financial obstacles that can prevent individuals from seeking emergency care and helps keep open hospital emergency departments, who must meet a federal requirement to provide emergency services regardless of an individual’s ability to pay. 

California’s privacy protections

California is committed to protecting the privacy rights of all Californians consistent with Article 1 of the California Constitution, the Information Practices Act of 1977, and other state and federal laws. The state limits the collection of personal information and safeguards the privacy of everyone’s personal information collected or maintained by our departments. Additionally, each department utilizes industry-standard best practices to store and manage all data in its possession. 

The state only uses Medi-Cal application information to determine eligibility. Authorized access, use, and disclosure of sensitive data are governed by federal and state laws designed to protect confidentiality and program integrity.