cross-posted from: https://lemmy.world/post/14278091
A judge ordered Planned Parenthood to hand records of transgender care over to Andrew Bailey.
A St. Louis judge has ruled that Missouri Attorney General Andrew Bailey is entitled to Planned Parenthood’s transgender care records, ordering the nonprofit to turn over some of its most sensitive files to the man who has built his unelected political career on restricting health care access for trans people.
In his Thursday decision, Circuit Judge Michael Stelzer wrote that Bailey can collect documents under Missouri’s consumer protection statute that aren’t protected under federal mandate, namely the Health Insurance Portability and Accountability Act, better known as HIPAA.
“It is clear from the statute that the Defendant has the broad investigative powers when the consumer is in possible need of protection and there is no dispute in this matter,” wrote Stelzer. “Therefore, the Defendant is entitled to some of the requested documents within his [Civil Investigative Demand].”
Bailey, who last year attempted to implement a ban on gender-affirming care for people of all ages, was quick to celebrate the decision, calling it a “big day” for the state.
So the judge decided that HIPAA just doesn’t apply for, “protection”… okay I can see that being a possibly reasonable situation, so the patient is requesting the government do something on their behalf right? Oh, no, it has nothing to do with any patient request? Well then seems like plain government overreach to me, and undermining superseding federal law over protection of identifiable medical information. This will get thrown out on appeal immediately.
Thrown out before or after the records are already transferred?