Eastern District Court of Appeals ruled Tuesday that the Missouri Attorney General’s Office may receive protected health information in its investigation of adolescent gender-affirming care, though it rejected the AG’s claims of broad investigative authorityMissouri IndependentBy: Annelise HanshawSeptember 16, 2025The Missouri Attorney General’s Office is allowed to access patient health information as part of its investigation into the Washington University Transgender Center, an appeals court ruled Tuesday.The Missouri Eastern District Court of Appeals decision, written by Judge Phillip Hess, reverses a ruling last year by a St. Louis judge that allowed the health center to withhold patient information protected by the Health Information Portability and Accountability Act, or HIPAA.But Tuesday’s ruling does not end the fight for these otherwise confidential records nor will it open the floodgates for the attorney general to have untethered access to records. Instead, the circuit court must step in to tailor the requests and minimize the amount of protected health information that is ultimately shared.Among the records requested in a February 2023 civil investigative demand was a desire for “all electronic health records of (the center’s) clients” and a list of all the Transgender Center’s patients.“This court is very mindful of the breadth and depth of the attorney general’s requests to examine 1,165 minor patients’ most personal medical information,” Hess wrote. “Thus, the circuit court is empowered to modify the (civil investigative demands) as it deems appropriate under state and federal law.”The decision touches on a notion that private information may already be in the attorney general’s hands. When the center received the initial requests for information, it provided “remote, read-only access to its electronic medical records system” alongside lists of patient information, prescriptions and billing data.
This is designed to create fear in the community to scare us away for getting proper medical care and to scare away medical professional from treating us!
The case is one of a handful of legal fights stemming from former Attorney General Andrew Bailey’s use of the state’s consumer protection law to probe into adolescent gender-affirming care through the state’s consumer protection law. Bailey began looking into the prescription of cross-sex hormones and puberty blockers to minors in early 2023, after a former case worker for the Transgender Center claimed in an affidavit that children were rushed into care.Normally subpoenas are used in a crime to find evidence but in this case there is no crime and they are trying to find a crime![...]The battle will return to St. Louis Circuit Court, where a judge must sort out whether de-identified records will suffice for the investigation.
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