Tuesday, July 16, 2024

Nope! No Way.

That is what a judge ruled they can't use a dragnet to go fishing.
In one of four cases between a provider of gender-affirming care and the Missouri Attorney General, a judge has ruled that Missouri’s consumer protection law does not authorize Andrew Bailey’s sweeping demands for unredacted records
Missouri Independent
BY: ANNELISE HANSHAW
JULY 8, 2024


A St. Louis judge on Friday determined Missouri Attorney General Andrew Bailey has no right to access unredacted private health information of transgender children treated at the Washington University Transgender Center at St. Louis Children’s Hospital.

St. Louis Circuit Court Judge Joseph Whyte ruled that Washington University does not have to provide the unredacted medical records sought by the attorney general’s office as part of his investigation into the clinic’s practices. 

Whyte found that the health information sought in Bailey’s demands is protected, and the data is not relevant to an investigation under the Missouri Merchandising Practices Act, which is the state’s consumer protection law. 

A third layer of protection for the information, the judge ruled, is the Health Information Portability and Accountability Act, or HIPAA, which prohibits the disclosure of personal health information without authorization.
Translated to legalize speak to human speak… “No fishing expeditions!”
One of Bailey’s demands was for the university to, “identify all clients to whom you have provided your services. For each client, describe your services, the dates you provided your services, the amounts clients, their insurance or other third-party payors paid for these services and any contracts related to these services.”
In other words, data mining!
Two other cases over Bailey’s access to medical records are playing out across the state in Jackson County, where Circuit Court Judge Joel Fahnestock ordered Kansas City’s Planned Parenthood organization and Children’s Mercy Hospital to produce requested documents

Planned Parenthood appealed in February, and the judge’s order is placed on hold until after appeal. Children’s Mercy did not appeal.
But for another judge digging through personal medical records is okay, everyone is guilty until proven innocent.

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