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Texas attorney general requests transgender youths’ patient records from Georgia clinic

zincwarrior

zincwarrior

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In similar fashion to requesting information from a Seattle Facility, the Texas AG requested transgender medical records for Texas citizens from a Georgia Facility.

www.texastribune.org

Texas attorney general requests transgender youths’ patient records from Georgia clinic

This is at least the second time Ken Paxton’s office has sought such records from an out-of-state provider since Texas banned transition-related care for kids.
www.texastribune.org www.texastribune.org

Texas attorney general requests transgender youths’ patient records from Georgia clinic​

This is at least the second time Ken Paxton’s office has sought such records from an out-of-state provider since Texas banned transition-related care for kids.
BY MADALEINE RUBIN
JAN. 26, 202412 PM CENTRAL



Texas Attorney General Ken Paxton is requesting medical records of Texas youth who have received gender-affirming care from a Georgia telehealth clinic, marking at least the second time he’s sought such records from providers in another state.
The clinic, QueerMed, confirmed on Friday morning that they received the request. QueerMed said it stopped servicing youth in Texas after the state banned transition-related care last year. The clinic’s founder said the attorney general requested information about patients dating back to Jan. 1, 2022, before the ban took effect.
The clinic said that Paxton asked for private information about Texas residents who were provided with telehealth care in Texas before the ban, and residents provided with care outside of Texas after the ban. The request, they said, nearly mirrors one the attorney general sent to Seattle Children’s Hospital last year.
Paxton asked Seattle Children’s for a variety of patient information, including the number of Texas children they have treated, medications prescribed to children, the children’s diagnoses and the name of Texas laboratories where tests for youth are administered.

In response to that request, known as a civil investigative demand, Seattle Children’s sued the Texas Office of the Attorney General in December.
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zincwarrior said:
In similar fashion to requesting information from a Seattle Facility, the Texas AG requested transgender medical records for Texas citizens from a Georgia Facility.

www.texastribune.org

Texas attorney general requests transgender youths’ patient records from Georgia clinic

This is at least the second time Ken Paxton’s office has sought such records from an out-of-state provider since Texas banned transition-related care for kids.
www.texastribune.org www.texastribune.org
Click to expand...

OK, so the AG is trying to see if the law is being complied with.

The clinic said that Paxton asked for private information about Texas residents who were provided with telehealth care in Texas before the ban, and residents provided with care outside of Texas after the ban. The request, they said, nearly mirrors one the attorney general sent to Seattle Children’s Hospital last year.
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zincwarrior said:
Outside of the state.

Remember in Texas CPS was ordered to investigate families that were doing trans care in order to seize the children. That was THIS year.
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The article is rather poorly written. The AG seems to be concerned about patients located inside Texas being illegally cared for by providers located outside of Texas.

The clinic, QueerMed, confirmed on Friday morning that they received the request. QueerMed said it stopped servicing youth in Texas after the state banned transition-related care last year.
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The AG has no authority to demand patient records from another state. Nor does the state have jurisdiction for anything which happens outside of the state.
 
ttwtt78640 said:
OK, so the AG is trying to see if the law is being complied with.
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It's a questionable Texas state law, which is apparently in direct violation of HIPAA -- a federal law that protects sensitive patient health information from being disclosed without the patient's consent or knowledge.
 
rahl said:
The AG has no authority to demand patient records from another state. Nor does the state have jurisdiction for anything which happens outside of the state.
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Legally is that not also a HIPAA violation, even if the location were in Texas? There is also doctor patient privilege, which I believe requires a valid court order, yes?
 
ttwtt78640 said:
But it is for patients in Texas.
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Shouldn’t matter. We have interstate permissions (interstate commerce clause of the Constitution). What’s next, pass a law making it illegal to sell coffee in Texas AND if you cross state lines to purchase a cup?
 
DCCougar said:
It's a questionable Texas state law, which is apparently in direct violation of HIPAA -- a federal law that protects sensitive patient health information from being disclosed without the patient's consent or knowledge.
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www.hhs.gov

Summary of the HIPAA Privacy Rule

Summary of the HIPAA Privacy Rule
www.hhs.gov www.hhs.gov

See para (5), law enforcement is an exception to HIPPA requirements. Filling request is voluntary barring a subpoena. If the subpoena is from out of state, the subpoena can be challenged under the receiving states rules.

zincwarrior said:
Legally is that not also a HIPAA violation, even if the location were in Texas?
Click to expand...

No.

WW
 
ttwtt78640 said:
But it is for patients in Texas.
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It is not illegal for patients in Texas to receive care. It is illegal for providers to provide care in Texas.

If the provider is in GA, that is the source of the care.
.
.
.
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Same as abortion in TX, it's not illegal to receive and abortion. It is illegal to provide an abortion in TX.

WW
 
WorldWatcher said:
See para (5), law enforcement is an exception to HIPPA requirements.
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True. Of course, that assumes the subject law is legitimate and does not violate the U.S. Constitution. Texas lawmakers are increasingly unconcerned about that in their lawmaking.
 
WorldWatcher said:
It is not illegal for patients in Texas to receive care. It is illegal for providers to provide care in Texas.

If the provider is in GA, that is the source of the care.
.
.
.
.
Same as abortion in TX, it's not illegal to receive and abortion. It is illegal to provide an abortion in TX.

WW
Click to expand...

Exactly.
 
DCCougar said:
True. Of course, that assumes the subject law is legitimate and does not violate the U.S. Constitution. Texas lawmakers are increasingly unconcerned about that in their lawmaking.
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Agreed, but that situation is TBD. However that could take years.

As of today, it's pretty much up to:
  • The individual for law enforcement "requests" since providing the information is voluntary.
  • The State in terms of if an official subpoena is received and, if challenged, the receiving State determines they will allow/require compliance.

As a matter of fact the challenges to a subpoena would probably me the method that will cause the fastest evaluation of the interstate aspects of the law.

WW
 
WorldWatcher said:
It is not illegal for patients in Texas to receive care. It is illegal for providers to provide care in Texas.

If the provider is in GA, that is the source of the care.
.
.
.
.
Same as abortion in TX, it's not illegal to receive and abortion. It is illegal to provide an abortion in TX.

WW
Click to expand...

ttwtt78640 said:
Exactly.
Click to expand...

I know.

The health care is being provided from GA, not in TX.

WW
 
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