Posted on Dec 7, 2023
Andrew Bailey illegally sought transgender patient records, Washington University alleges
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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.
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.
Andrew Bailey illegally sought transgender patient records, Washington University alleges
Posted from kcur.org
Privacy
Transgender
Medical
Health
Posted 6 mo ago
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Just another step in the republican genocidal actions to eliminate a group of Americans.
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PO1 William "Chip" Nagel
..."During recent discussions about the demand, the lawsuit states, the attorney general’s office told Washington University that it “views the appropriate scope of its investigation to include consent to treatment, referrals for treatment, prescribing decisions and compliance with the standard of care for treating the (Transgender Center’s) patients.”
Bailey sent the initial civil investigative demands to Washington University Feb. 23 — two weeks after former Transgender Center employee Jamie Reed published allegations against the center in a national media outlet.
Bennett wrote that Bailey’s demand appears to be based in part on Reed’s affidavit to the attorney general.
Transgender Center patients and their parents have raised concerns over Reed’s allegations and expressed anxiety with health records and identifiable details being shared with Bailey and the public.
The lawsuit focuses on concern for patient privacy, noting patient records are protected under the Health Information Portability and Accountability Act (HIPAA).
HIPAA preempts state laws but allows the disclosure of protected health information to a “health oversight agency.”
“Historically, the Missouri state health oversight agency has been the Board of Healing Arts,” Bennett wrote in the litigation. “No case has held that the attorney general is a ‘health oversight agency.’"...
..."During recent discussions about the demand, the lawsuit states, the attorney general’s office told Washington University that it “views the appropriate scope of its investigation to include consent to treatment, referrals for treatment, prescribing decisions and compliance with the standard of care for treating the (Transgender Center’s) patients.”
Bailey sent the initial civil investigative demands to Washington University Feb. 23 — two weeks after former Transgender Center employee Jamie Reed published allegations against the center in a national media outlet.
Bennett wrote that Bailey’s demand appears to be based in part on Reed’s affidavit to the attorney general.
Transgender Center patients and their parents have raised concerns over Reed’s allegations and expressed anxiety with health records and identifiable details being shared with Bailey and the public.
The lawsuit focuses on concern for patient privacy, noting patient records are protected under the Health Information Portability and Accountability Act (HIPAA).
HIPAA preempts state laws but allows the disclosure of protected health information to a “health oversight agency.”
“Historically, the Missouri state health oversight agency has been the Board of Healing Arts,” Bennett wrote in the litigation. “No case has held that the attorney general is a ‘health oversight agency.’"...
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