Seattle Hospital sues after Texas Attorney General asks for handover of patient records

[Zincwarrior]

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:

• 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

The other demand gave the same deadline date for the hospital to answer questions about the above points under oath.

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.

 

[Arlette]

Texas is a bellwether for what's in store for the whole country if the nutters take over a state

 

[pknopp]

Seems perhaps a waste of money to sue. Just toss the request in the trash.

 

[evenflow1969]

Yep short of an out of state entity showing up to my house guns drawn I would not interact what so ever with such requests. Just laugh them off.

 

[Moonglow]

There's a damn good reason why I never lived very long in Texass.

 

[Zincwarrior]

Seems perhaps a waste of money to sue. Just toss the request in the trash.

Its more prudent and they have the funds to support a simple hearing, which what they are probably going for.

 

[Arlette]

Seems perhaps a waste of money to sue. Just toss the request in the trash.

If the hospital had done that we wouldn't know what those extremists are up to.

 

[Zincwarrior]

We were told states wouldn't try to impact other states, and their laws only applied within the state. I guess that was just a lie.

 

[rampart]

Texas is a bellwether for what's in store for the whole country if the nutters take over a state

we are holding our breath on louisiana. 2 weeks until inauguration of a governor who has promised to lead in the culture war.

 

[Arlette]

we are holding our breath on louisiana. 2 weeks until inauguration of a governor who has promised to lead in the culture war.

He's the fruitcake who opposes a minimum wage.

 

[rampart]

He's the fruitcake who opposes a minimum wage.

landry, an old jindal accomplice, is "focus on the family" and cut the medicaid. this respite with jon bel edwards has been too short.

 

[odanny]

American Taliban.

 

[bodecea]

Texas is a bellwether for what's in store for the whole country if the nutters take over a state

They should secede like they keep promising to do.

 

[jotathought]

Texas is a bellwether for what's in store for the whole country if the nutters take over a state

You mean getting to normalcy in the United States, instead of proclaiming that men are women magically by feeling they are while marginalizing women.

 

[jotathought]

We were told states wouldn't try to impact other states, and their laws only applied within the state. I guess that was just a lie.

Well .. how about California continuing to tax residents that move out of the state?

 

[Zincwarrior]

They should secede like they keep promising to do.

No such luck for you!

 

[rampart]

Well .. how about California continuing to tax residents that move out of the state?

i moved out of california and paid taxes for the year i moved on income IN the state. what other tax is there?

 

[martybegan]

We were told states wouldn't try to impact other states, and their laws only applied within the state. I guess that was just a lie.

If you go by the name of the Hospital in question, this probably involves a minor. Are you saying States don't have the right to intercede in the well being of minors if abuse is suspected?

 

[C_Clayton_Jones]

If you go by the name of the Hospital in question, this probably involves a minor. Are you saying States don't have the right to intercede in the well being of minors if abuse is suspected?

Another lie from the Fascist right; Another wrong-headed, reprehensible, dystopian policy from conservatives.

 

[martybegan]

Another lie from the Fascist right; Another wrong-headed, reprehensible, dystopian policy from conservatives.