Reports include basic demographic and eligibility details, such as name, address, date of birth, Social Security Number (if provided) or Medicaid ID, and immigration status for every Medicaid member, who has received services through the Medicaid program. Reports are filed on a regular basis, so disenrolling from Medicaid will not prevent data from being reported to CMS. The exception to this is for people who have only received services through HCPF programs that are exclusively funded by the state budget.
What are Colorado’s current data sharing and privacy laws?
Colorado law says state Medicaid and CHP+ workers and their business partners cannot reveal personal information to ICE for immigration investigation or enforcement. It is important to remember that state laws cannot override federal laws. Federal law preempts state law when the two disagree.
HCPF only shares Medicaid information with CMS. HCPF does not share information with federal immigration officials, although as this communication outlines, we cannot directly control what CMS shares.
Could participation in Cover all Coloradans be considered a factor in a public charge decision?
Not at this time. However, executive action, legislation or both could change the factors that determine what constitutes a public charge decision.
Currently, the federal government has the authority to decide what benefits can be considered for public charge decisions. Right now, Medicaid and CHP+ are not considered for public charge, but that could change in the future. The federal government has proposed a change to the public charge rule. HCPF is reviewing what this may mean for members and households in Cover All Coloradans, Emergency Medicaid Services, and Reproductive Health Care Services. As we learn more, we will share updates.
You can find information on the current public charge rules, and resources on the proposed changes.
I’m an immigrant. Can I keep my Health First Colorado coverage?
Starting in October 2026, some immigrants who qualified for coverage will no longer be able to receive Health First Colorado benefits. This includes:
- Refugees and asylees
- People granted humanitarian parole, such as certain Afghans who aided U.S. military operations in Afghanistan or people fleeing violence in Ukraine
- People granted withholding of removal
- Survivors of domestic violence with a pending or approved application under the Violence Against Women Act
Survivors of trafficking with a pending or approved application for a victim of trafficking visa - Members of a U.S. federally recognized Indian tribe or American Indian born in Canada
- Refugees who have a “conditional entrant” status granted before 1980
These immigrants may qualify for Health First Colorado and CHP+:
- U.S. citizens or U.S. nationals
- Lawful Permanent Resident status holders (LPR/Green Card) who meet or are exempt from the 5-year requirement
- Citizens of the Marshall Islands, Micronesia, and Palau who are living in one of the U.S states or territories (referred to as Compact of Free Association or COFA migrants)
- Certain Cuban or Haitian entrants
- Children under age 19
- Pregnant women, or pregnant within the last 12 months