Andrew Bailey illegally sought transgender patient records, Washington University alleges

Missouri Attorney General Bailey cited Missouri’s consumer protection law to demand access to all electronic health records from patients at Washington University's Transgender Center. A new lawsuit argues Bailey does not have that legal authority, and that patient records are protected under HIPAA.
Missouri Attorney General Andrew Bailey does not have the legal authority to demand access to patient records at the Washington University Transgender Center, according to a lawsuit filed Monday in St. Louis Circuit Court.

Bailey cited Missouri’s consumer protection law, known as the Missouri Merchandising Practices Act, to demand access to all electronic health records from patients at the Transgender Center as part of his investigation into the center’s practices.

In the lawsuit, Washington University is asking Judge Jason Sengheiser to determine if Bailey’s civil investigative demands are legal and to what extent in order to modify Bailey’s request, noting that the Merchandising Practices Act pertains to false advertising “in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of any funds for any charitable purpose.”

Washington University’s attorney, James Bennett, wrote in the lawsuit that the university has turned over documents related to advertising but argued that patient care is outside of the MMPA’s bounds.