Judge stops GOP attorney general from spying on trans kids’ medical records

Judge Joseph Whyte of the St. Louis Circuit Court ruled last week that Missouri Attorney General Andrew Bailey (R) doesn’t have the right to access transgender children’s medical information from the Washington University Transgender Center at St. Louis Children’s Hospital.

“The disclosure of protected health information, even to the Attorney General pursuant to a civil investigative demand, is protected by the Health Information Portability and Accountability Act (‘HIPPA’),” Whyte said in his ruling. “HIPAA prevents the disclosure of personal health information without patient authorization, except as permitted by the regulations.”

Related:

GOP attorney general targets therapists working with trans youth for investigation

He’s trying to get more access to minors’ medical records.

The ruling concerned Andrew Bailey’s investigation into pediatric care centers across the state of Missouri that serve trans children after anti-trans activist Jamie Reed alleged that the clinics rushed and provided improper medical care to transgender children. Reed’s testimony has been criticized for being inaccurate and not accounting for all the information.

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According to the ruling, Bailey alleged that Washington University “systematically pressured or deceived parents and insurance providers into purchasing irreversible gender transition interventions.”

Bailey argued that Reed’s false information was worth investigating under the Missouri Merchandising Practices Act (MPA), a law regulating consumer protections. Bailey used this reasoning to justify his civil investigative demands against Washington University when asking its trans health center to provide detailed medical information about its patients.

Judge Whyte argued that Bailey did not have legal justification to make such sweeping demands from Washington University, including his demands to know the identities and personal health information of the center’s transgender patients.

“[Bailey] asserts that de-identified information cannot be used for its investigation, but only cites reasons that are out of the scope of the MMPA allegations,” Whyte wrote. “[Bailey] alleges that it is investigating whether the Center has fraudulently billed private and public insurance for unnecessary procedures, and that [the health center’s] redactions [of personally identifying information] removed internal communications about certain ‘red flag’ and ‘detransitioning’ tracking at the Center. Neither of these issues are within the scope of the [MPA].”

The judge also recognized that HIPAA still applies to the center’s patient information, in spite of Bailey’s demands to “identify all clients to whom you have provided your services.” For each client, Bailey wanted the center to describe what services it provided, the dates it provided those services, the amounts paid by clients and their insurers or third-party payors for the center’s services, and any contracts related to these services.

“However, Washington University is under no legal obligation to comply with Bailey’s investigation,” Judge Whyte wrote.

Some of the center’s documents have been turned over to Bailey. However, these were redacted and weren’t considered by Bailey to be sufficient, which led him to pursue non-redacted information.

Whyte is presiding over a similar case concerning Bailey’s demand that Planned Parenthood of St. Louis turn over medical records. In that case, nothing has been turned over as of yet.

In a statement given to LGBTQ Nation, Bailey’s office outlined his intent to appeal, emphasizing three prior victories in court for other records requests.

“There is no fight more important than the fight to make Missouri the safest state in the nation for children. My team remains undeterred in our quest to protect children. No stone will be left unturned in these investigations,” Bailey’s office wrote.

Washington University’s Transgender Center did not respond to a request for comment before publication of this article. This article will be updated accordingly if the center responds.

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