Data Privacy and Public Programs in WA

January 2026 Update

As of January 6, 2026, a new district court preliminary injunction is in effect in a CMS lawsuit regarding Medicaid data sharing for states that have filed suit, including WA.

The new preliminary injunction permits limited data sharing between CMS and ICE in plaintiff states, including WA.

DHS/ICE may request, and HHS/CMS may provide, data in the states that have filed suit, including WA:

1. From the Medicaid program.
2. Pertaining to individuals who are not lawfully residing in the United States.
3. Showing the individual’s “citizenship and immigration status, address, phone number, date of birth, and Medicaid ID.”

CMS may not share:

1. Data regarding citizens or individuals who are lawfully residing in the United States;
2. Information from HHS programs other than Medicaid; and
3. Data that could otherwise be shared if it cannot be severed from protected data (e.g. data about lawfully residing individuals or sensitive health information).

There are still many implementation questions. We don’t know if — or how — CMS/HHS might be able to identify who is lawfully present and who is not.

Emergency Medical (AEM in Washington) covers both Washingtonians who are lawfully present and those who are not; enrollment in AEM does not mean a Washingtonian lacks federal immigration status.

Initial preliminary injunction analysis courtesy of NHeLP. We will provide updates as they become available.