§1396w–2 Authorization to Receive Relevant Information

Summary

Federal, state, or private groups that hold data needed to decide Medicaid eligibility can share that data with the state agency that runs Medicaid, as long as certain rules are followed. The data sources covered include files from "Express Lane" agencies, certain federal records, birth records, and other listed sources. The person named in the data (or their parent, guardian, caretaker, or authorized representative) must either give advance permission or get advance notice and a chance to object and not object. The shared information can only be used to find and sign up people who are eligible for Medicaid and to check their eligibility. The sharing must be under an agreement that meets federal privacy and security standards and requires the state to try to enroll eligible people. Private groups that unlawfully disclose the data face penalties. Each improper disclosure can bring a $10,000 civil penalty. If done willfully, a private group can be fined up to $10,000, jailed up to 1 year, or both, for each unauthorized disclosure. This rule does not block other disclosures that federal law already allows.