Lawsuit Seeks Clarification on Legality of Missouri AG Request for Medical Records of Transgender Patients
Washington University (WU) is seeking confirmation from the court about whether Missouri Attorney General Andrew Bailey has the legal authority to obtain the electronic health records of patients of the WU Transgender Center. AG Bailey issued civil investigative demands to WU on February 23, 2023, requesting documents and electronic health records of patients of the Transgender Center be provided as part of an investigation into the practices of the center.
The investigation was initiated after a whistleblower, Jamie Reed, provided a signed affidavit to the Attorney General about her employment as a case worker at the WU Transgender Center at St. Louis Children’s Hospital. Reed claimed that the Transgender Center had caused permanent harm to many of its patients through prescribed treatments. She claimed healthcare providers at the Transgender Center lied to the public and patients about treatment or lack of treatment and the effects treatment would have. She alleged staff at the center prescribed puberty blockers and cross-sex hormones after two hour-long visits, without complete, informed parental consent or an appropriate and accurate assessment of the needs of the child. She claimed that children had experienced “shocking injuries” from the medications, and there was no attempt or effort to track adverse outcomes. Reed also claimed that the Transgender Center had used incorrect treatment codes to get public and private insurance plans to pay for treatments. The families of several patients of the Transgender Center disputed the claims of Reed, as did another former employee, Jess Jones, who maintained her experience working at the center was different from that of Reed and many patients were told they had to wait for years before they could have treatments.
AG Bailey launched an investigation, with assistance provided by the Missouri Department of Social Services and Division of Professional Registration, and issued civil investigative demands for documentation. AG Bailey claimed that the Missouri Merchandising Practice Act (MMPA) gave him the authority to demand access to the electronic medical records of patients of the WU Transgender Center as part of the investigation. The MMPA is a consumer protection law that pertains to false advertising. WU partially complied with the civil investigative demand and has handed over documents that relate to advertising but has taken legal action over the demand for electronic medical records, which WU claims is outside the scope of the MMPA.
“Certain statements have been made by the attorney general that have caused Washington University to further question whether all of the requests (including those at issue now) are properly within the scope of the MMPA,” said WU attorney, James Bennett. “The statements suggested that the investigation was directed at medical decision making as much if not more than it was directed to sales or advertising.” The disclosure of patient records has caused anxiety in some patients who do not want their records to be provided to the Attorney General and potentially the public. The lawsuit requests clarification from Judge Jason Sengheiser about whether AG Bailey’s investigative demands are legal, and if so to what extent, to allow WU to modify the request.
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Update: The Missouri Attorney General has filed a counterclaim and seeks an order from the court demanding the requested records be turned over within 20 days.
