Transgender patients sue the hospital that provided their records to Tennessee's attorney general

[In It to Win It]

Transgender patients sue the hospital that provided their records to Tennessee's attorney general

NASHVILLE, Tenn. (AP) — Vanderbilt University Medical Center is being sued by its transgender clinic patients, who accuse the hospital of violating their privacy by turning their records over to Tennessee's attorney general.

Two patients sued Monday in Nashville Chancery Court, saying they were among more than 100 people whose records were sent by Vanderbilt to Attorney General Jonathan Skrmetti. His office has said it is examining medical billing in a “run of the mill” fraud investigation that isn't directed at patients or their families. Vanderbilt has said it was required by law to comply.

The patients say Vanderbilt was aware that Tennessee authorities are hostile toward the rights of transgender people, and should have removed their personally identifying information before turning over the records.

Tennessee has stood out among conservative-led states pushing myriad laws targeting transgender people, enacting some of the nation's most anti-LGBTQ restrictions, even as families and advocates have voiced objections that such policies are harmful. The lawsuit seeks class-action status on behalf of everyone at the clinic whose private medical records were released to Skrmetti.

[RKP5637]

1. Good!!! n/t

[malaise]

2. Good

Madness

[LetMyPeopleVote]

3. Good

[sheshe2]

4. Good for them.

[republianmushroom]

5. Good

[Jilly_in_VA]

6. Good for them

I can't believe the hospital even did that. I mean, HIPAA, WTF, right?

[Attilatheblond]

8. Exactly! What is with the GOP picking & choosing which laws they will recognize?

There's a whole lotta 'if we don't like the law, we just won't follow the law' going on. Time to start sending in the US Shiny Badge Brigade to enforce laws, I reckon.

[FreeState]

16. HIPAA doesn't apply here

https://www.hhs.gov/hipaa/for-professionals/faq/505/what-does-the-privacy-rule-allow-covered-entities-to-disclose-to-law-enforcement-officials/index.html

The Rule permits covered entities to disclose protected health information (PHI) to law enforcement officials, without the individual’s written authorization, under specific circumstances summarized below. For a complete understanding of the conditions and requirements for these disclosures, please review the exact regulatory text at the citations provided. Disclosures for law enforcement purposes are permitted as follows:

To comply with a court order or court-ordered warrant, a subpoena or summons issued by a judicial officer, or a grand jury subpoena.

[Wednesdays]

21. BUT, is the person's gender identity relevant to the warrant?

[FreeState]

27. It was at the time*

https://www.losangelesblade.com/2023/06/20/vanderbilt-turns-over-trans-youth-patient-records-to-tennessee-ag/

*it was relevant because they were investigating transgendered care, however the State now says it was a corruption investigation (which I think is why the parties are suing now).

[Jilly_in_VA]

36. What the hell

kind of convoluted reasoning does the state use to get to a "corruption" investigation? Kindly enlighten us as to that, O wise ones of Tennessee!

[2live is 2fly]

28. The fact TN. claims this is being done under the guise of a run-of-the-mill fraud investigation

really warrants the kind of close scrutiny that can only result from a Law Suit.

[FreeState]

29. I think TN screwed up and changed their rational mid "investigation"

The first press releases from the LGBT community and the medical center state it was an investigation into transgender care. All the mainstream articles I can find go even farther saying the investigation was specifically to stop the transgender care being offered. I think they realized that was a losing angle and tried to pivot. I hope they lose and they never listen to Matt Walsh again:

https://www.wsmv.com/2022/09/21/gov-lee-claims-against-vanderbilt-transgender-health-clinic-warrants-thorough-investigation/

[ShazzieB]

14. Yeah, I was shocked at the way that hospital rolled over and coughed up those records.

Last edited Tue Jul 25, 2023, 09:44 PM - Edit history (1)

It didn’t sound like they even put up a fight. I wonder what the Tennessee AG threatened them with, though. Just telling the hospital that handing the records over was was "required by law" doesnt sound like enough to justify such quick and total compliance.

[2live is 2fly]

30. I did a quicky search to find if Vanderbuilt teaches law, they do. From what little time I spent

checking it out appears to be a pretty good one too, a great reputation anyway. I think a lot of people (besides us) are shaking their heads over this one!

[Zeitghost]

15. HIPAA

Does not prevent disclosures obtained with a warrant in criminal investigations. IIRC the records in question were allegedly involved in a insurance billing fraud case. In that case, turning them over to investigators looking into the case is the only course of action.

[not fooled]

22. Was that a ploy?

Prolly find "insurance billing fraud" in a high percentage of bills submitted by the for-profit medical services industry.

Did the TN goobers seeking to harass trans people just use that pretext to get the records?

And if the records were obtained to investigate billing fraud, can they then be scoured for other alleged crimes, e.g. any medical care the TN religious police want to delve into? Abortions?

[Zeitghost]

24. I would have no idea

The point was Vanderbilt, the University being demonized and now sued, was complying with a perfectly legal request. They had no choice but to comply with a legitimate request for records by those with authority to ask.

If there is any indication that the criminal investigation is a ploy by the DA to obtain the medical records of trans people, then I would hope that everyone involved is fired and arrested for fraud. But I have yet to see anyone make that charge or provide any evidence for it.

[uponit7771]

39. thx

[Chi67]

7. Good

Sue the hell out of them AND the state!

[IrishAfricanAmerican]

9. Sue their corrupt asses off!!

[flying_wahini]

10. Yup that's a big NO. Helps they get sued and fined for BILLIONs.

Millions don’t matter to them.

[58Sunliner]

11. I was hoping someone would sue!!!

[Lonestarblue]

12. This is a huge invasion of privacy and should be illegal! Hope they win.

[irisblue]

13. Good. Hell yes

[Snackshack]

17. Interesting

I have always been told HIPAA laws were ironclad. I did not know there could be a reason compelling enough to violate it except imminent violence.

[FreeState]

19. There are a lot of exemptions

https://www.hhs.gov/hipaa/for-professionals/faq/505/what-does-the-privacy-rule-allow-covered-entities-to-disclose-to-law-enforcement-officials/index.html

[Jilly_in_VA]

37. Too damn many, apparently! n/t

[Warpy]

18. Good, it is a shocking breach of patient confidentiality

all because a bunch of pickle faced religious nutters have their panties in a wad over nothing and politicians are playing to that crowd because they're a reliable voting bloc.

Shame on that clinic for nor making the records as anonymous as possible. Shame on Republicans for playing such a fucking cynical game to manipulate asshole religious busybodies.

[niyad]

20. And to think that VUMC accepted a million dollars from Dolly Parton for

research on a covid vaccine.

How are the mighty fallen!

[Jilly_in_VA]

38. Bet she's pissed

She's a big supporter of the LBGTQ community.

[Hortensis]

23. Good! TYVM to them.

[NoMoreRepugs]

25. I would think they have a very strong case.

[Zeitghost]

41. Not really

Vanderbilt was complying with a legal request in a criminal investigation. They had no choice but to turn over records.

[NoMoreRepugs]

42. TY.

[slightlv]

26. I've been cynical where HIPPA is concerned from the very start.

It always seemed to me it was stacked against logic and the humanity of the individual. If the person "requesting" the info could use the info against the patient, it could easily be handed over. If the person requesting it was close to the patient and had the patient's care and dignity at heart, unless they were specifically written into the HIPPA form, they were denied. Like I said, I'm jaded and cynical. I just see it giving way too much leeway to corporations, law enforcement, and drug companies/pharmacies in opposition to families and close friends/companions/significant others.

[NowISeetheLight]

31. HIPAA

I'm just irate over this. The hospital should've filed suit to stop the order. They shouldn't have just rolled over and accepted it. While the law allows them to release to obey a subpoena, it doesn't mean they can't fight it.

Having worked in Healthcare, I'm very familiar with HIPAA. When I worked, I held multiple credentials, including RHIA (Registered Health Information Administator). The ROLES section of the Wikipedia page on the RHIA says "They design and manage health information systems to ensure they meet medical, legal, and ethical standards. Seeing that each patient's medical record is complete, kept confidential, and safeguarded from individuals not involved with the medical care of the patient are primary responsibilities.". Confidential... Safeguard... those aren't just words.... they're a responsibility. The hospital could've tried to fight this. I'm not saying they would've won, but they SHOULD HAVE TRIED!!!!!

https://en.m.wikipedia.org/wiki/Registered_health_information_administrator

[vercetti2021]

32. My girlfriend suggested I do this

If my records are turned over to the state, to sue my doctor and provider

[LostOne4Ever]

33. I hope they throw the book at them! (Nt)

[Initech]

34. Good! This shit has got to stop!

Fuck the MAGA Taliban conspiracy theorists!

[TdeV]

35. Good.

[ZonkerHarris]

40. hope that hospital goes broke now

[Trueblue1968]

43. sue for BILLIONS !!!!!!!!!!!!