H.R. 1 Resource Center

CMS Increases Oversight of Medicaid Funding for Immigrants

June 2, 2025
Julie Kozminski

The Centers for Medicare & Medicaid Services (CMS) on May 27 announced to states that it would increase oversight of Medicaid funding used for immigrants who are not legally eligible. CMS aims to implement the executive order Ending Taxpayer Subsidization of Open Borders. 

The letter refers to federal law that generally prohibits undocumented immigrants from obtaining taxpayer-funded benefits but allows limited emergency Medicaid coverage for emergency medical conditions, including labor and delivery. Emergency Medicaid funding is available for individuals who meet all other Medicaid eligibility requirements except satisfactory immigration status. 

To increase financial oversight, CMS will conduct focused evaluations of Medicaid expenditures that states report on the CMS-64 form and financial management reviews. The agency also will assess existing eligibility requirements in federal regulations. 

CMS encourages states to review their medical assistance claims and administrative expenditures in accordance with federal law. 

Contact Director of Policy Rob Nelb, MPH, at rnelb@essentialhospitals.org or 202.585.0127 with questions.