Texas is demanding gender transition records from a Seattle hospital

[moonshinegnomie]

https://www.kxan.com/news/texas/seattle-hospital-sues-after-texas-attorney-general-asks-for-handover-of-patient-records/


The state demanded
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

Fuck Paxton and his Texas nut jobs

[Ocelot II]

1. I assume the Seattle hospital will mention HIPAA

and tell Texas to fuck right off.

[FreeState]

36. HIPAA does not cover government investigations

The Privacy Rule is balanced to protect an individual’s privacy while allowing important law enforcement functions to continue. 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:

(truncated to titles)
1) If there is a court order, court-ordered warrant, subpoena or administrative request
2) To identify or locate a suspect, fugitive, material witness or missing person 
3) To answer a law enforcement official’s request for information about a victim or suspected victim of a crime 
4) To alert law enforcement of a person’s death if the organization suspects that criminal activity caused the death 
5) When an organization believes that PHI is evidence of a crime that occurred on its premises
6) In a medical emergency not occurring on its premises, when it’s necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims and the perpetrator of the crime

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

[LiberalFighter]

38. Don't see that any of those qualify.

[FreeState]

42. It applies under at least two of those

1) If there is a court order, court-ordered warrant, subpoena or administrative request
2) To identify or locate a suspect, fugitive, material witness or missing person 
3) To answer a law enforcement official’s request for information about a victim or suspected victim of a crime 
4) To alert law enforcement of a person’s death if the organization suspects that criminal activity caused the death 
5) When an organization believes that PHI is evidence of a crime that occurred on its premises
6) In a medical emergency not occurring on its premises, when it’s necessary to inform law enforcement about the commission and nature of a crime, the location of the crime or crime victims and the perpetrator of the crime

There is a civil case they are investigating (from the OP):

"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."

[NowISeetheLight]

54. Appeal

They can appeal the court order. I'm sure the Ninth Circuit, which covers Seattle, would be happy to tell Paxton to FUCK OFF.

[ProfessorGAC]

40. Are We Sure That Applies?

The activities under discussion are wholly legal in Washington. No violation of the law occurred, Washington state officials aren't involved, and Texas has no authority to enforce out of their jurisdiction.
While that section of HIPAA is important, I'm not convinced that it applies.

[ArkansasDemocrat1]

37. Fuck off, fascists is what I'd say

[The Unmitigated Gall]

2. Repukes...keeping government small and out of your lives. n/t

[AllaN01Bear]

25. and they are the first ones to scream gvt interferance .

[SarahD]

3. Counter demand

We should demand some answers from Texas. How did you get so crazy? Too many people falling off those mechanical bulls?

[maxsolomon]

4. Seattle Children's

They already told TX to fuck off.

[LeftInTX]

12. They are under no obligation to comply. As a matter of fact, they would be breaking the law.

[ShazzieB]

28. Oh good!

[sop]

47. This is just a fishing expedition to satisfy the bible beaters.

Seattle Children's rightly told Texas where to stick their Fatwa.

[CincyDem]

5. Do they have a specific individual that they're looking for here ?

Or is this a blanket request that's just going to lots of hospitals outside Texas?

[grumpyduck]

6. Fuck off, assholes.

They have no jurisdiction in another state.

[Maraya1969]

7. Can the American Pediatric Association or the American Endocrine Association sue

that fucking evil monster? He has no medical training. He has no business stopping or starting or changing any child's medical treatment

[republianmushroom]

8. Tell Texas to sit on it.

[grumpyduck]

9. And rotate.

[MOMFUDSKI]

10. HIPPA?

WTF?

[Skittles]

57. it's HIPAA

and I agree, HIPAA should override these sanctimonious creeps

[kwolf68]

11. Now it's just getting comical

No respect for HIPAA at all. I guess under a fascist trump dictatorship, HIPAA will get put into the trash with the Constitution. Are these people serious?

[LeftInTX]

14. It's not even HIPAA. It's the Medical Practice Act of one state versus another state.

MPAs are really old. (Probably at least 100 years)
I doubt if the USSC is gonna say that WA must comply with the TX MPA...
All Medical Practice Acts are state licensing laws and vary from state to state.

It's like saying that Texas can charge someone for running a red light in Seattle.
Not gonna happen.

Or WA going after people for speeding on I-10 in Texas, because the speed limit is 85.

[bluestarone]

13. Well now, maybe ALL the republicons in Texas should send ALL their medical records to Washington state

Then they could share withthe rest of US what meds the rethuglicons in texas are using. How about THAT?

[montanacowboy]

15. Hey Texas

When you come knocking in Washington State remember you aren't in Kansas anymore!

[Aristus]

52. Damn skippy!

Any thoughts Texas may have that we’re all just khakied tech nerds and coffee-crazed hacky sack players up here, they can forget about.

We take care of our people, guys. Fiercely.

[moonshinegnomie]

16. wasshington should pass a law that makes it a crime for another state ag to ask for records

then issue a warrant for paxsons arrest....

[Sal_NV]

17. Hey Texass,

demand in one hand and shit in the other and see which one fills up first.

[WhiskeyGrinder]

18. HIPAA doesn't seem to apply here, but it's still a shitty request

[Incanus]

19. This must be absolutely terrifying for parents of transgender kids.

It's one thing to assure families that the information won't be provided legally but I'm sure they know how desperate and bloodthirsty conservatives are and that they won't let a simple matter of legality stop them.

[chowder66]

27. That's probably the point. To terrify.

[Incanus]

32. Agreed. And it feeds their base who can only thrive on hatred.

I remember when a 'protester' was able to get the names of women who had visited a Planned Parenthood for abortion care. I don't know if authorities ever discovered who leaked them but it didn't matter, the damage was done and I've never felt safe since that occurred. I now lie on medical questionnaires because I don't know who has access to my info.

[Mr.Bill]

20. They are literally acting

as if these children are the property of the state of Texas.

[twodogsbarking]

21. Agree 100. But they aren't really acting are they.

[mn9driver]

22. Hopefully every hospital in the country will use a standard response:

Fuck off. And have a nice day.

[barbtries]

23. HIPAA anyone?

but why would they care about a law when they don't even give a rat's ass for human beings.

i hate republicans

[AllaN01Bear]

24. texas has no juristition there .

[DBoon]

30. No jurisdiction over the US-Mexico border either

But that doesn't stop them

[LeftInTX]

53. The records request will be refused.

[Warpy]

26. I'm sure the hospital will tell Paxton where to stick his morbid religious scruples

very politely and citing privacy rules, of course. Time for a beatdown. I just hope it's public and destabilizes Paxton's fan club among the pompadoured fundagelicals.

Talk about big government!

[kysrsoze]

29. Rest assured, they will start going after women who have out of state abortions in the same way.

Texas would be the first state to start operating the gas chambers if right-wingers take over this country.

[Butterflylady]

31. Wouldn't that be child abuse?

To use that information if and when they get it.

[bucolic_frolic]

33. The none-too-subtle sadistic undertones of these TX laws are being ignored.

[Ford_Prefect]

34. Sounds like one huge HIPPA violation in the making.

[FreeState]

39. HIPAA does not apply to government investigations

The Privacy Rule is balanced to protect an individual’s privacy while allowing important law enforcement functions to continue. 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:

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

[ArkansasDemocrat1]

35. Don't make the lede so mundane

Try something like 'Texas Attorney General demands that a Seattle hospital violate Federal law.'

[Initech]

41. Fuck Q Anon, Infowars, Fox News, OAN, Newsmax, and AM radio.

They gave us these ghouls. Blame the source of the problem.

[JoseBalow]

43. OK, Kenny, let me get that for you

[dchill]

44. The government of the state of Texas seems...

... professionally, politically and religiously voyeuristic. Just my take.

[jmowreader]

45. What my response would be

Fm: (name), Director, Seattle Children's Hospital
To: The Honorable Ken Paxton, Attorney General of the State of Texas
Subj: Your recent demand for patient records

1. I shall start this letter with a definition: jurisdiction, n. the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state...

2. Seattle Children's Hospital is a nonprofit corporation operating primarily within the State of Washington, with a number of locations. Our Hospital Campus is located at 4800 Sand Point Way NE, Seattle. This campus also houses our Emergency Department and an Urgent Care Clinic. We have Urgent Care Clinics in Bellevue, Everett and Federal Way, all cities in the Seattle metropolitan area. We have two Odessa Brown Children's Clinics in Seattle, one of which we will proudly open in 2024. We possess general medical clinics in the Seattle area and in two cities in Central Washington, those being Kennewick and Wenatchee. We own three out-of-state clinics, all specializing in Pediatric Cardiology. One of them is in Anchorage, Alaska; the other two are in the Montana cities of Bozeman and Great Falls. Please note that Seattle Children's Hospital does not maintain any sort of business presence in the State of Texas. Texas is blessed with many very fine children's hospitals.

3. Because Seattle Children's Hospital does not and will not operate within the State of Texas, Seattle Children's Hospital does not fall into the jurisdiction of your office. Therefore, we will not provide you with any of the information you have demanded.

4. Seattle Children's Hospital's general counsel advises that if you intend to pursue this matter further you should retain a competent attorney as she believes you don't have one.

Regards and best wishes.

[moonshinegnomie]

48. to many words I edited it down

Fm: (name), Director, Seattle Children's Hospital
To: The Honorable Ken Paxton, Attorney General of the State of Texas
Subj: Your recent demand for patient records

1. Fuck off you have no authority here
2. See 1.

[jmowreader]

50. That's a little more succinct, and gets you to the same place.

Or...

1. No.

[dalton99a]

46. Fuck that shithole masquerading as a state

[sakabatou]

49. "I want to be able to day people basic things." -Paxton

[Aristus]

51. Dear Texas,

Go piss up a rope.

Kisses,

Seattle

[Deuxcents]

55. They're asking for personal medical files for minors.

We don’t give out the names of minors when they are victims so why would Texas think it’s ok to demand such personal information from minors not even in Texas? Why do they want it? What will they do with the information? The answer to this request is no. HELL NO.

[Freethinker65]

56. Or send them redacted records and charge TX $10,000/page and shipping and handling fees.

Do it manually, like hand counting ballots...and charge for the sorting, copying, and redacting all protected information.

Nothing sent digitally. Make TX pay to sort and scan when they receive them.