Rep. Gillette Mocks AG Mayes For Lawsuit Against Federal Agencies’ Administrative Data Sharing
By Matthew Holloway |
Arizona State Representative and U.S. Army Command Sergeant Major (ret.) John Gillette (R-LD30) offered a public rebuke of Attorney General Kris Mayes in a July 2nd post to X. Gillette offered a stern correction to Mayes after the Democrat AG announced a lawsuit against the federal government and accused the Trump administration of “violating privacy protections with its decision to share Medicaid data with DHS, which houses ICE.” Mayes claimed the administrative data sharing is an “illegal transfer of Arizonans’ private, personally identifiable health data.”
In a statement announcing the lawsuit, Mayes’ office wrote, “Arizonans accessing Medicaid services do so with the assurance that their data would be confidential. While administering AHCCCS and other healthcare programs, Arizona has relied on the federal government’s assurances that it will follow the law and protect confidentiality. It appears the federal government has broken their promise.”
In his post to X Gillette wrote, “Administrative data sharing with DHS, DOJ, HHS is lawful. The state agreed to the terms when they took the matching funds. 42 CFR 431 privacy act, every service member knows this is only protected from non govt use.” According to 42 CFR §431.300 the law “requires agencies to exchange information to verify the income and eligibility of applicants and beneficiaries.” It further defines under § 431.302 that “Purposes directly related to plan administration include—
(a) Establishing eligibility;
(b) Determining the amount of medical assistance;
(c) Providing services for beneficiaries; and
(d) Conducting or assisting an investigation, prosecution, or civil or criminal proceeding related to the administration of the plan.”
Under these terms, the sharing of information between the State of Arizona and the Department of Homeland Security, Department of Justice, and Health and Human Services aren’t merely lawful, but are mandatory. Any extrajudicial attempts to disrupt this information sharing by Arizona would likely be grounds for the Federal government to similarly take legal action against Arizona at the taxpayers’ expense.
Strict limitations are also placed on the federal agencies requiring that they safeguard the information shared regarding program participants, provide “conditions for release and use of information about applicants and beneficiaries,” and restrict access to the information “to persons or agency representatives who are subject to standards of confidentiality that are comparable to those of the agency.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.