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CMA Sues SSA and CMS Over Lack of Transparency Regarding Medicare Eligibility Restrictions under H.R. 1

March 5, 2026

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FOR IMMEDIATE RELEASE
March 4, 2026

Media Contact: Matt Shepard, Communications Director mshepard@medicareadvocacy.org (860) 456-7790 / (202) 293-5760

Willimantic, CT – The Center for Medicare Advocacy (CMA) filed a federal lawsuit yesterday against the Social Security Administration (SSA) and the Centers for Medicare & Medicaid Services (CMS) to compel the release of records detailing the implementation of significant Medicare eligibility restrictions under H.R. 1 (the Budget Reconciliation Act of 2025).

Alongside the complaint, CMA filed a Motion for Preliminary Injunction, asking the U.S. District Court for the District of Connecticut to order the immediate production of these records before the current Medicare enrollment period ends on March 31, 2026.

Lack of Guidance under the “One Big Beautiful Bill Act”

Enacted in July 2025, H.R. 1 mandated sweeping changes that strip Medicare eligibility from an estimated 100,000 lawfully present immigrants. Many of these individuals have worked and paid Medicare taxes for years yet now face a total loss of health coverage.

While U.S. citizens and Lawful Permanent Residents remain eligible, the law excludes several lawfully present groups from Medicare coverage, including:

  • Individuals with Temporary Protected Status (TPS)
  • Refugees and asylees
  • Survivors of trafficking and domestic violence
  • Individuals granted humanitarian parole

Despite these cuts taking effect on July 4, 2025 for new applicants, the federal government has failed to issue any public guidance on how the rules are being applied. To CMA’s knowledge, Medicare is the only federal benefit affected by H.R. 1 for which the administering agencies have failed to provide implementation instructions.

Critical Need for Transparency

CMA, joined by Justice in Aging, the National Immigration Law Center, and Refugee Council USA, submitted a Freedom of Information Act (FOIA) request on September 15, 2025, to SSA and CMS. Despite statutory requirements, both agencies denied requests for expedited processing and have withheld all responsive records for over five months.

“Without these records, we cannot provide accurate technical assistance to the counselors and advocates who must advise Medicare applicants and enrollees before the March 31 deadline,” said Wey-Wey Kwok, Senior Attorney at CMA. “The lack of transparency is likely deterring eligible individuals from seeking necessary medical care out of fear and confusion regarding their legal status.”

The Lawsuit and Requested Relief

The lawsuit alleges that the SSA and CMS have failed to grant expedited processing despite CMA’s “compelling need” to inform the public and have wrongfully withheld non-exempt agency records in violation of FOIA. CMA is asking the court to order the agencies to produce all non-exempt records by March 18, 2026.

###

The Center for Medicare Advocacy is a national, non-profit organization that advances access to comprehensive Medicare coverage and quality health care for older people and people with disabilities through legal analysis, education, and advocacy. For more information, visit www.medicareadvocacy.org.

Filed Under: Article, Press Release Tagged With: equity, Weekly Alert

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