Immigrants
On June 6, 2025, HCPF received a request from CMS for data and information related to eligibility, claims, and cost allocations for people with an “unsatisfactory immigration status.” CMS has renewed their request for data every three months since. The requests include people who accessed Emergency Medicaid Services during each requested quarter (currently three quarters—April through June 2025, July through September 2025, and October through December 2025). While the first request excluded certain populations like pregnant people and children, subsequent requests have included pregnant people. CMS stated that the reason for this particular request is to ensure HCPF has not received funds for federal reimbursement for any person with an unsatisfactory immigration status who participates in a state-only funded program.
Additionally, there is a new court ruling indicating that CMS may share limited Medicaid information with federal agencies under specific circumstances, such as for people who are not “lawfully residing” in the United States. CMS has not yet provided Colorado with details on whether or how it may share information, and we are monitoring developments closely. We will update our members as more information becomes available.
No. Information that may be shared for people not “lawfully residing” can include citizenship
or immigration status, address, phone number, date of birth, and Medicaid ID. CMS must exclude anyone who is lawfully residing in the United States. If it is not possible to separate this data from information about lawful residents or U.S. citizens, CMS cannot share it. These restrictions remain in place while legal challenges are ongoing.
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.
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.
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 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
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.
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.
Immigrants affected by the federal changes will lose their coverage as of October 1, 2026.
Children with asylum status will qualify for Medicaid because they are still considered to be lawfully present. Children without legal immigration status may qualify for Cover All Coloradans or for Emergency Medicaid.
As of October 1, 2026, survivors of trafficking with a pending or approved application for a victim of trafficking visa will no longer qualify for Health First Colorado.
Starting October 1, 2026, people with pending applications for permanent resident cards (green cards) will no longer be eligible for Medicaid.