LA County approved a motion Tuesday to take legal action against the Trump administration’s efforts to obtain personal, private, and unrelated protected health information for immigrants.
The claim corresponds to the July 17th approval of immigration and customs enforcement officers that grants access to personal data for more than 79 million Medicaid participants nationwide, including California.
“Healthcare is a human right, and we should not be afraid of anyone accessing the care they need,” said Hilda L. Solis, the first district superintendent. “Today’s actions will reaffirm the county’s commitment to supporting immigrant communities and enable residents to receive health and social services without fear of data being breached or used.”
With the rise in aggressive federal immigration enforcement, many immigrants are reluctant to seek health care. Hospitals, community clinics and other service groups are noting a significant increase in no shows and appointment cancellations across Southern California, according to a press release from LA County.
“The Trump administration’s plan to use that data to target undocumented immigrants is not only a monstrous violation of trust, but it also undermines the programs our healthcare system relies on, which saves lives,” said director Janice Hahn.
This data includes the address, ethnicity and other personal information of the home that is protected under federal law by the Portability and Accountability Act of Health Insurance (HIPAA).
Inaugurated in 1996, HIPAA protects the privacy and security of personal protected health information and sets restrictions on the use and disclosure of data, according to a press release.
“The moment is now,” said Chairman Pro Tem Solis. “We must condemn attempts to unfairly target or harm our communities and unite against dangerous federal violations.”
Since the immigrant raids began in LA County, the Board of Supervisors has taken legal action against what is known as illegal federal enforcement tactics.
That legal effort also led to a temporary restraining order. The hearing took place Monday at the Trump administration’s request to acknowledge how the federal government will implement immigration enforcement activities and suspend judges’ decisions.
California has also filed lawsuits in 19 other states, including New York, Arizona and Nevada, alleging that the US Department of Health and Human Services, which oversees Medicaid, shares personal health data with Department of Homeland Security and ICE officials.
The lawsuit alleges that HHS supported the Trump administration’s immigration enforcement efforts and carried out a “mass transfer” of individual healthcare data to violate existing laws.
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