[JumpCrisscross]

> I'm reading this correctly, they're just straight up violating the law

HHS says “under the Immigration and Nationality Act, ‘any information in any records kept by any department or agency of the government as to the identity and location of aliens in the US shall be made available to’ immigration authorities.” If that’s true, they’re following the law.

[globalise83]

Key part of what you wrote: "as to the identity and location of aliens" - so whatever claim they have to access health information applies to aliens. The big question is: are they harvesting citizens' health records illegally as part of this effort, and if so, when do those responsible see jail time?

[JumpCrisscross]

> are they harvesting citizens' health records illegally as part of this effort, and if so, when do those responsible see jail time?

I’m honestly curious if this would be a Privacy Act or HIPAA violation. The article seems to be unsure on this.

[creshal]

They're unsure because a lot depends on the legal status of children born to non-citizen parents in the US after a executive order tried to revoke birthright citizenship: https://www.bmj.com/content/390/bmj.r1538

If that EO was legal, then sharing the data is, too. If it wasn't, then it's probably a privacy violation, but the CMS isn't allowed to make that call themselves, they have to rely on court decisions for it. And challenging EOs is not trivial.

[bonsai_spool]

I’m also unsure, but I haven’t understood HIPAA to constrain governmental actions. It’s a short law so I will review it (not a lawyer all the same).