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Texas AG tries to subpoena medical records from out of state for Trans care in Seattle, gets sued. Evidently MAGAs no longer believe in states rights, doctor client privilege, or HIPAA. Turns out those shield laws were a good idea.
Seattle Hospital sues after Texas Attorney General asks for handover of patient records
The Seattle Children's Hospital filed a lawsuit in Travis County District Court on Dec. 7 against the Texas Office of the Attorney General (OAG), after that agency requested documents related to gender transition policies and any such care provided to Texas children.
news.yahoo.com
Seattle Hospital sues after Texas Attorney General asks for handover of patient records
AUSTIN (KXAN) — The Seattle Children’s Hospital filed a lawsuit in Travis County District Court on Dec. 7 against the Texas Office of the Attorney General (OAG), after that agency requested documents related to gender transition policies and any such care provided to Texas children.
However, hospital claims that the OAG lacks jurisdiction to demand such records from the hospital, and that Washington’s “Shield Law” protects it from requests made by states that “restrict or criminalize reproductive and gender-affirming care.”
OutLaw: Helping or hurting trans kids? Health care fight continues after law
“The Shield Law prohibits Washington-based entities such as Seattle Children’s from ‘[c]omply[ing] with subpoena, warrant, court order, or other civil or criminal legal process for records, information, facilities, or assistance related to protected health care services that are lawful in the state of Washington,'” the lawsuit stated.
KXAN reached out to the OAG multiple times prior to publication; however, the agency never replied to our requests.
What does the OAG want?
According to copies of the OAG’s requests (included in the hospital’s lawsuit), the OAG sent two demands — a civil investigative demand and a notice of demand for sworn written statement.
The first demand, which has an issue date of Nov. 17, told the hospital that the OAG was investigating “misrepresentations regarding Gender Transitioning and Reassignment Treatments and Procedures and Texas law” that allegedly violated the Texas Deceptive Trade Practices-Consumer Protection Act.
That demand gave the hospital until Dec. 7 to produce documents to the OAG for the agency to identify the following:
The other demand gave the same deadline date for the hospital to answer questions about the above points under oath.
- All medications prescribed by the hospital to Texas children
- The number of Texas children treated by the hospital
- Diagnosis for every medication provided by the hospital to Texas children
- Texas laboratories that performed lab tests for the hospital prior to prescribing medications
- Protocol/guidance for treating Texas children diagnosed with gender identity disorder, gender dysphoria or endocrine disorders
- Protocol/guidance on how to “wean” a Texas child off gender transitioning care
Both demands include a notice that failure to comply could result in a misdemeanor criminal charge that would carry a $5,000 fine or jail confinement of up to a year.
Hospital leaders affirm no Texas ties
While OAG extended its reach across state lines, the hospital has not, according to the hospital’s Chief Medical Operations Officer Dr. Ruth McDonald and two hospital senior directors.
McDonald, in a sworn affidavit, told the court that the hospital does not have property or accounts, nor employees who provide “gender-affirming care” (or administrative services for that care) in Texas or based in Texas.