Anti-Trans Missouri A.G. Can Now Access Trans People’s Medical Records
newrepublic.com
A judge ordered Planned Parenthood to hand records of transgender care over to Andrew Bailey.

A judge ordered Planned Parenthood to hand records of transgender care over to Andrew Bailey.

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.

  • elrik@lemmy.worldEnglish
    16·
    8 months ago

    The statement from Planned Parenthood includes:

    Despite the Attorney General’s demand that PPSLR turn over all patient medical records related to gender-affirming care, the court ruled that individual patient records remain protected — a major victory for patients’ privacy rights.

    I suspect this means the AG may receive de-identified records including procedure or diagnosis information, but not including any patient identifying information such as patient or billing account, name, address, social, date of birth, date of service, etc.

    It could also include aggregate information about providers and facilities, especially if records are obtained under the guise of a fraud investigation, allowing the AG to target locations and providers where patients frequently obtain specific services. That route might be the most harmful to patients, for ex. if they’re unable to continue receiving care because of harassment of the providers.