Forget the economy. Forget inflation. Forget the wars in Ukraine and Gaza. What really animates the sick and sorry Trump administration is medical care for transgender youth. Now, there is an issue that involves the peace and prosperity of the nation–NOT!
My view: it’s none of my business. Issues like abortion and trans rights should be decided among patients, families, and doctors. Not by politicians. Not by me.
The Justice Department is harassing providers of care for young people who are transgender and demanding their personal data.
The Justice Department is demanding that hospitals turn over a wide range of sensitive information related to medical care for young transgender patients, including billing documents, communication with drug manufacturers and data such as patient dates of birth, Social Security numbers and addresses, according to a copy of a subpoena made public in a court filing this week.
The June subpoena to Children’s Hospital of Philadelphia requests emails, Zoom recordings, “every writing or record of whatever type” doctors have made, voicemails and text messages on encrypted platforms dating to January 2020 — before hormone therapy, puberty blockers and gender transition surgery had been banned anywhere in the United States.
About half of states have since passed laws prohibiting all or most gender treatment of minors. The Supreme Court ruled in June that a Tennessee ban did not violate the Constitution.
Attorney General Pam Bondi said last month that the Justice Department had issued more than 20 subpoenas seeking to hold “medical professionals and organizations that mutilated children in the service of a warped ideology” accountable. It is highly unusual for the nation’s chief law enforcement officer to announce such legal activity. Bondi did not identify who received the subpoenas, what information the government sought or what potential law violations it is investigating.
According to seven people familiar with the subpoenas, speaking on the condition of anonymity because they feared retribution, the subpoenas targeted care for patients younger than 19 and went to providers in states that still allow gender care for minors, as well as states where it has been banned. The subpoena, as well as public statements by Bondi’s chief of staff, indicate the federal government is attempting to build cases against medical providers that allege they may have violated civil and criminal statutes while providing care that was legal in their states.
Jacob T. Elberg, a former federal prosecutor specializing in health care fraud, said Bondi’s statement suggests the government “is using its investigative powers to target medical providers based on a disagreement about medical treatment rather than violations of the law.”
Elberg, now a law professor at the Center for Health & Pharmaceutical Law at Seton Hall University, said that the subpoena itself is not wildly broad for a health-care-fraud case. But he noted that under a federal privacy law, the Justice Department must show that any information it demands on patient identities is relevant to a legitimate law enforcement probe.
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