Anti-Trans Missouri A.G. Can Now Access Trans People’s Medical Records
A St. Louis judge has ruled that Missouri Attorney General Andrew Bailey is entitled to Planned Parenthood’s transgender care records, ordering the nonprofit to turn over some of its most sensitive files to the man who has built his unelected political career on restricting health care access for trans people.In his Thursday decision, Circuit Judge Michael Stelzer wrote that Bailey can collect documents under Missouri’s consumer protection statute that aren’t protected under federal mandate, namely the Health Insurance Portability and Accountability Act, better known as HIPAA.“It is clear from the statute that the Defendant has the broad investigative powers when the consumer is in possible need of protection and there is no dispute in this matter,” wrote Stelzer. “Therefore, the Defendant is entitled to some of the requested documents within his [Civil Investigative Demand].”Bailey, who last year attempted to implement a ban on gender-affirming care for people of all ages, was quick to celebrate the decision, calling it a “big day” for the state.“My team will get to the bottom of how this clandestine network of clinics has subjected children to puberty blockers and irreversible surgery, often without parental consent,” he wrote in a statement. “There is no more important fight than to ensure Missouri is the safest state in the nation for children. No stone will be left unturned in these investigations.”In reality, providing trans and nonbinary children with gender-affirming care actually makes them safer. Gender-affirming care decreases the amount of depression and anxiety that trans and nonbinary teenagers feel, and it makes them less likely to consider suicide.Planned Parenthood derided the decision for allowing Bailey to pursue his “sham investigation,” arguing in a statement that, like abortion access, transgender health care is being “systematically dismantled—little by little, starting with the most vulnerable, including young people.”“To our patients: rest assured that your private medical records and information will not be disclosed,” wrote the group’s local interim president, Richard Muniz. “As we consider all of our legal options, we want you to know that Planned Parenthood will do everything possible to ensure your rights to privacy and health care are protected. We won’t back down.”But it’s not exactly clear yet which documents Bailey will be able to access or that sensitive medical records are completely off the table, as legal experts warn that HIPAA operates with a fairly narrow scope.“I’m not incredibly optimistic, especially since the attorney general’s statement says that they’re looking into billing practices,” said Harvard Law Cyberlaw Clinic instructor Alejandra Caraballo. She explained that means that Bailey will be able to examine which services were rendered to whom and that, ultimately, “you need medical records for that.”And even if this court order doesn’t provide instant access to all the medical records, it certainly opened up a legal door to obtaining them. “The court doesn’t immediately give access to the attorney general to patient records,” Caraballo continued, but “if the attorney general continued to press, he may be able to obtain them.”That precedent exists in other states, like in Tennessee, where last year the attorney general was able to access the last five years of Vanderbilt University Medical Center’s transgender patient medical records under the umbrella of a Medicaid billing fraud investigation.In Caraballo’s opinion, the federal government needs to intervene here.“I absolutely believe DOJ needs to get involved here along with [the Department of Health and Human Services] as well as the HIPAA office, and say, look, this is not a valid investigation,” Caraballo said. “This is clearly pretextual. And you’re targeting an entire group of people.
A St. Louis judge has ruled that Missouri Attorney General Andrew Bailey is entitled to Planned Parenthood’s transgender care records, ordering the nonprofit to turn over some of its most sensitive files to the man who has built his unelected political career on restricting health care access for trans people.
In his Thursday decision, Circuit Judge Michael Stelzer wrote that Bailey can collect documents under Missouri’s consumer protection statute that aren’t protected under federal mandate, namely the Health Insurance Portability and Accountability Act, better known as HIPAA.
“It is clear from the statute that the Defendant has the broad investigative powers when the consumer is in possible need of protection and there is no dispute in this matter,” wrote Stelzer. “Therefore, the Defendant is entitled to some of the requested documents within his [Civil Investigative Demand].”
Bailey, who last year attempted to implement a ban on gender-affirming care for people of all ages, was quick to celebrate the decision, calling it a “big day” for the state.
“My team will get to the bottom of how this clandestine network of clinics has subjected children to puberty blockers and irreversible surgery, often without parental consent,” he wrote in a statement. “There is no more important fight than to ensure Missouri is the safest state in the nation for children. No stone will be left unturned in these investigations.”
In reality, providing trans and nonbinary children with gender-affirming care actually makes them safer. Gender-affirming care decreases the amount of depression and anxiety that trans and nonbinary teenagers feel, and it makes them less likely to consider suicide.
Planned Parenthood derided the decision for allowing Bailey to pursue his “sham investigation,” arguing in a statement that, like abortion access, transgender health care is being “systematically dismantled—little by little, starting with the most vulnerable, including young people.”
“To our patients: rest assured that your private medical records and information will not be disclosed,” wrote the group’s local interim president, Richard Muniz. “As we consider all of our legal options, we want you to know that Planned Parenthood will do everything possible to ensure your rights to privacy and health care are protected. We won’t back down.”
But it’s not exactly clear yet which documents Bailey will be able to access or that sensitive medical records are completely off the table, as legal experts warn that HIPAA operates with a fairly narrow scope.
“I’m not incredibly optimistic, especially since the attorney general’s statement says that they’re looking into billing practices,” said Harvard Law Cyberlaw Clinic instructor Alejandra Caraballo. She explained that means that Bailey will be able to examine which services were rendered to whom and that, ultimately, “you need medical records for that.”
And even if this court order doesn’t provide instant access to all the medical records, it certainly opened up a legal door to obtaining them.
“The court doesn’t immediately give access to the attorney general to patient records,” Caraballo continued, but “if the attorney general continued to press, he may be able to obtain them.”
That precedent exists in other states, like in Tennessee, where last year the attorney general was able to access the last five years of Vanderbilt University Medical Center’s transgender patient medical records under the umbrella of a Medicaid billing fraud investigation.
In Caraballo’s opinion, the federal government needs to intervene here.
“I absolutely believe DOJ needs to get involved here along with [the Department of Health and Human Services] as well as the HIPAA office, and say, look, this is not a valid investigation,” Caraballo said. “This is clearly pretextual. And you’re targeting an entire group of people.
