Washington University in St. Louis, home to a transgender center that is under investigation by the state, is challenging the authority of Missouri Attorney General Andrew Bailey, a Republican, to access patient records as part of his inquiry.
Bailey had requested patient information as part of his investigation into the practices of the clinic, citing a consumer protection law called the Missouri Merchandising Practices Act, which he said gave him the right to examine certain medical documents that could shed light on how the Washington University Transgender Center works.
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The school is seeking an opinion from 22nd Judicial Circuit Court Judge Jason Sengheiser as to whether Baliey’s basis for the request, citing a statute that pertains to false advertisement, is legal.
Bailey’s office told the Washington Examiner that it had an agreement from the university to hand over documents prior to the new legal action and said it now has reason to believe the Biden administration is interfering in the case by pressuring the university not to hand over documents or comply under the theory that requesting patient records violates the Health Insurance Portability and Accountability Act.
“We will not let Joe Biden and his federal bureaucrats interfere with our investigation into the pediatric transgender clinic,” Bailey told the Washington Examiner. “These documents are critical to exposing that children were subject to irreversible, life-altering procedures without full and informed parental consent. We’ve been fighting to protect children since the day I took office and will not stop now.”
The university asked the U.S. Department of Health and Human Services, which enforces HIPAA, whether a state attorney general has health agency oversight authority, but the lawsuit states Washington University did not receive a response.
The Show Me State’s top lawyer launched an investigation into the clinic in February after a whistleblower signed an affidavit alleging the clinic consistently prescribed gender transition drugs to children with little or no screening. Jamie Reed, the whistleblower, also said clinic doctors would push child transitions without parental consent.
In the court filing, the university’s attorney said the school had already handed over documents related to false advertising but argued that patient records are outside the purview of the law Bailey cited.
“Certain statements have been made by the attorney general that have caused Washington University to further question whether all of the requests (including those at issue now) are properly within the scope of the MMPA,” Washington University attorney James Bennett wrote. “The statements suggested that the investigation was directed at medical decision making as much if not more than it was directed to sales or advertising.”
In April, Bailey filed an emergency rule to restrict transgender medical interventions for children and adults, citing the MMPA. A judge temporarily blocked the move, and Bailey ultimately withdrew it.
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However, the Washington University Transgender Center has halted its child gender transition program after a new law restricted the practice and placed heavy legal liability on doctors who engage in transitioning minors.
The center has allegedly harmed as many as 600 children in its transition clinic, the Washington Examiner previously reported.
