JEFFERSON CITY 鈥 Planned Parenthood on Friday said it would resist Attorney General Andrew Bailey鈥檚 latest attempt to gain access to records of transgender patients, following a court ruling last month.
The April 11 ruling ordered Planned Parenthood to give certain documents to the state, except for records protected by the Health Insurance Portability and Accountability Act, or HIPAA, which restricts third-party access to individually identifiable health information.
A motion filed by Solicitor General Joshua Devine on April 23 asks the 最新杏吧原创 Circuit Court to amend its previous ruling and require production of HIPAA-protected records.
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On Friday, Planned Parenthood for the 最新杏吧原创 Region and Southwest Missouri issued a statement condemning Bailey鈥檚 move, and announcing a motion in opposition to the state鈥檚 filing.
鈥淲e鈥檙e forcefully opposing the attorney general鈥檚 motion for the court to reconsider its earlier ruling ensuring protections for patient records,鈥 Richard Muniz, interim president and CEO of Planned Parenthood of the 最新杏吧原创 Region and Southwest Missouri. 鈥淭he attorney general is finally saying the quiet part out loud: he is coming for the private medical records of trans youth who received life-affirming, life-saving health care at Planned Parenthood. This should sound the alarm for health care providers and patients across our state.鈥
Planned Parenthood initially sued in March 2023 over a civil investigative demand Bailey鈥檚 office issued as the attorney general鈥檚 office investigated the provision of transgender medical care across the state.
The attorney general said at the time the demand to Planned Parenthood came after finding out the clinic deviated from standard care practices by providing 鈥渓ife-altering gender transition drugs to children without any therapy assessment,鈥 spokeswoman Madeline Sieren previously said, the Associated Press reported.
On Friday, Sieren said, 鈥淎ttorney General Bailey is committed to getting to the bottom of what happened here while still protecting patient privacy.鈥
The state has also kept patient information in other cases under seal, and the Missouri Merchandising Practices Act prohibits disclosure of records obtained through the investigation, Sieren said.
Among records demanded by the state, the attorney general鈥檚 office wants all documents containing 鈥渙perating policies and standards of care for clients,鈥 and demands Planned Parenthood describe in detail 鈥渨hat you understand to be the standard of care for clients identifying as transgender.鈥
The state also demands 鈥渁ll documents related to complaints about the treatment of clients鈥 and all documents 鈥渨here faculty or staff have reported child abuse as mandatory reporters.鈥
Devine, the solicitor general, asks the court to 鈥渁mend its judgment to hold that HIPAA permits disclosure of all documents responsive to the CID (civil investigative demand).鈥
In arguing for the ruling, the state says the court incorrectly determined the only way the state could access patient records was if that patient waived their right to privacy.
鈥淲aiver by individual patients is one way to obtain HIPAA-protected documents, but not the exclusive way,鈥 the state says. 鈥淔ederal regulations provide a number of other ways to gain access to documents even when individuals have not waived HIPAA rights.鈥
The state pointed to that it said 鈥渆xpressly permits Planned Parenthood to turn over all documents responsive to the CID. The regulation permits disclosure of all protected documents when done 鈥榠n response to an order of a court.鈥欌
In addition to Friday鈥檚 filing, Planned Parenthood also appealed the Judge Michael Stelzer鈥檚 April 11 ruling that ordered Planned Parenthood to turn over records not protected by HIPAA.
Bailey, in early 2023, had launched an investigation of the Washington University Transgender Center at 最新杏吧原创 Children鈥檚 Hospital after a former case manager there, Jamie Reed, contacted the state alleging children received puberty blockers and hormone therapies without proper screening or parental consent.
His office also attempted to regulate transgender care for children and adults through the Missouri Merchandising Practices Act. The state鈥檚 foremost LGBTQ advocacy group PROMO said adults that were already receiving care would face barriers to continued treatment.
Bailey eventually dropped the rules after a 最新杏吧原创 County judge blocked enforcement of them.
A father has found himself in an unlikely role fighting bathroom bans that have proliferated at the state and local level in recent years. (AP video: Nick Ingram) #transgender
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View life in 最新杏吧原创 through the Post-Dispatch photographers' lenses. Edited by Jenna Jones.
