Anti-Trans Missouri A.G. Can Now Access Trans People’s Medical Records

https://lemmy.world/post/14278091

Anti-Trans Missouri A.G. Can Now Access Trans People’s Medical Records - Lemmy.World

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 [https://www.stltoday.com/news/local/government-politics/court-rules-missouri-ag-entitled-to-certain-planned-parenthood-transgender-care-records/article_d65b6842-f8d0-11ee-9814-e7625b653629.html] 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 [https://newrepublic.com/post/172330/missouri-anti-trans-health-care-ban] on gender-affirming care for people of all ages, was quick to celebrate the decision, calling it a “big day” for the state.

Man fuck Republicans
You can woman fuck them too if you feel up to it.
I think we should all just stop fucking them.

Isn’t that what articles like this:

nbcnews.com/…/question-keeping-trump-loving-men-n…

Are about?

The question keeping Trump-loving men up at night: Why won't women date us?

Trump-loving MAGA men don't understand why liberal women won't date them. But political dating preferences aren't discrimination.

NBC News
Redcaps be like: “why do women care about women’s healthcare and the unprecedented corruption?”
Me thinks someone has a secret affection for a certain group of people.
Yeah, I stopped with that line of thought ages ago. Regardless of whether it’s true for any percentage of cases, they’re still monsters causing massive amounts of damage and trauma to people just trying to exist. They’ve also shown us time and time again that hypocrisy is no barrier for them.
There’s only one party that cares about hypocrisy and it ain’t the fucking republicans.

But it’s not exactly clear yet which documents Bailey will be able to access or that sensitive medical records are completely off the table, as legal experts warn that HIPAA operates with a fairly narrow scope.

Does anyone here with any experience in this field know what sort of information he could access that would be damaging to patients?

Technically this is a grey area and they are blatantly misusing the exception for court order/warrant rule. HIPAA just states that records must be turned over but doesn’t get into details concerning how much or how little should be provided. I really can’t believe the judge allowed this but I suspect (hopeful anyway)that this will get kicked up to a federal court since federal law supercedes state laws.

There needs to be a stay of enforcement if it’s going to be appealed.

Though I fully suspect that if it gets to SCOTUS, there isn’t going to be much hope.

Doesn’t that precedent make it possible for medical records covering abortions to be used in the same way? Repubs would never allow that, they have too much to lose by having people find out what they’ve done.

Republicans would absolutely allow that. They are willing to bite their own noses off just to spit in their enemies faces.

How it would play out is selective prosecution where only democrats poor people or non-whites get charged.

White Christians would get a pass at best. Or blackmailed at worst.

Yeah, true. Their voters have zero integrity or consistency. And their propaganda networks will be pretending that voter fraud is happening as a cover so they’ll never know in the first place.
Tbh just names and addresses is bad enough. Find a way to make it public record and we’re screwed. My guess is they’ll start adding trans people to the sex offender registry, but I’m open to hearing other horrifying predictions about where this shit is going.

Republicans have recently been trying to push for the following two policies:

  • Making sex offenses punishable by death
  • Marking trans people as sex offenders

It’s easy to see where this is going

It mostly depends on what he does with the information. Any personally identifiable information that becomes public puts someone at serious risk of being persecuted or physically threatened.

The statement from Planned Parenthood includes:

Despite the Attorney General’s demand that PPSLR turn over all patient medical records related to gender-affirming care, the court ruled that individual patient records remain protected — a major victory for patients’ privacy rights.

I suspect this means the AG may receive de-identified records including procedure or diagnosis information, but not including any patient identifying information such as patient or billing account, name, address, social, date of birth, date of service, etc.

It could also include aggregate information about providers and facilities, especially if records are obtained under the guise of a fraud investigation, allowing the AG to target locations and providers where patients frequently obtain specific services. That route might be the most harmful to patients, for ex. if they’re unable to continue receiving care because of harassment of the providers.

"My team will get to the bottom of how this clandestine network of clinics has subjected children to puberty blockers and irreversible surgery, often without parental consent,” he wrote in a statement.

Ffs, he makes it sound like toddlers are getting snatched off the streets to get “trans’ed”.

Give me one fucking case anywhere in this state where a minor was given surgery without parental consent. Go ahead, I’ll wait.

But if they’re forced to abide by logic and reasoning how are they supposed to oppress women and minorities?

How else do you think transgender women have gotten so much hotter in the past decade or so?

(This is a joke btw and I hate that I have to say this)

Well, I definitely have
As I age into my late 40s myself, I appreciate the beauty of maturity far more than the beauty of youth now. So I believe you.
Honestly they have sown the myths of trans healthcare so hard that people legit believe 5 year olds are receiving puberty blockers. The barest of sense is easier to hijack than people can believe. It’s why we can’t depend on a majority vote for stuff like this. The airbrains are being given butterflies to chase and then telling us we’re crazy. They probably have some fictional bogeyman-esque case someone wrote an article about or a interviewee they managed to play out of context nonsense from to cite you.
They’ve managed to convince people that 5 year olds are out here getting gender reassignment surgery, like it’s not already incredibly hard for willing adults to get it
Also like I dunno about all trans people everywhere but for myself and all the trans folk I know being trans when I was a kid really wasn’t focused on my body. Like all it takes to pass pre-puberty is a haircut and clothes and you’re perfectly happy. There’s just not a lot of physical differences between the sexes up to a point. It’s not until you start developing secondary sex characteristics that you care much about your body at all… Puberty though… It’s like a body horror. Once you go from effortlessly passing to having to work at it it’s like actually losing something you didn’t realize you valued so much knowing you will never experience it again.

people legit believe 5 year olds are receiving puberty blockers.

The funniest part is, that’s exactly who puberty blockers were initially intended for. Like the whole original point of puberty blockers is to block puberty in young children who are prematurely entering puberty. They’ve been in use for decades too, but no one complained until they started to be used in gender affirming care 🙄

Which was pretty much from the beginning too.

The sad thing is that puberty blockers are a discussion worth having. They aren’t perfect. It’s tech absolutely worth refining for trans usage to combat it’s drawbacks but we can’t talk about having awesome perfect trans care with amazing outcomes when the conversation we’re having is whether we’re allowed to have any trans care at all.

Why should it matter if the parents give consent if the minor cant consent? A parents could consent to their child getting a face tattoo, but it doesnt mean a kid can consent to that.
I don’t understand your question. Children can’t consent, so when they would need to consent to something, their guardians are asked to consent for them. That’s how e.g. all medical surgeries are performed on children.
So then what if the child wants a face tattoo, should the parent be able to consent for them?

What do you mean, “should”?

Legal guardians do handle consent for their wards, which is why circumcisions are legal - there’s no meaningful legal distinction here between a face tattoo and a circumcision.

That’s how things are. If you’re asking me how things ought to be, that’s an absurd question to ask someone on the internet.

Of course there is a legal distinction and practical difference between a face tatoo and circumcision, that is just silly. So you are perfectly fine with a minor permanently changing themselves just as long as their parents dont disagree?
Why do you care /what does it matter what I’m perfectly fine with? I’ve been describing the way the country’s legal system works to you. I’m not a lawmaker, I can’t change any of these rules.

No, that is not how the legal system works…

I care because children dont have the ability to consent, and if they are being abused then they have the right to be protected.

No, that is not how the legal system works…

In your mind, how does our legal system handle children’s consent issues if not the legal guardians, then? How do you think it works when a child wants to go on a field trip in school, for example? How is consent determin3d?

The parent can consent to things that dont directly harm kids. The part in question is what direct harm is, and you guys seem to think permanent changes of their biology (if that is the right word) is not direct harm and that is where the disagreement is.
100% of all surgeries harm kids too, including circumcisions. That’s part of the definition of surgery. You seem to have a fundamentally flawed understanding of several things, including the basic concept of consent. I sincerely hope you educate yourself, especially before (if ever) you have any children of your own. Consent is an important concept that no-one seems to have taught you about.

Circumcision is mild harm at best but it can arguably be a hygiene benefit. Under your definition of harm, then exercising is harmful also because you have to tear your muscles a bit, but as we both know we are talking about the net benefit.

And maybe you can educate yourself and learn that kids can consent.

Kids can’t consent as true consent requires someone to be properly informed of the consequences of the action.

The only other time I’ve heard this nonsense is out of the mouths of pedophiles by the way. If that’s not how you identify, or care to be identified, I suggest you educate yourself on consent and seriously question whatever information source you learned this nonsense from.

So then can a child get a face tattoo with the parents consent?
If medically needed, yes, in all 50 states this is legal.
So if the parent and child both claim its medically necessary then its okay?
No, that’s the job of doctors. It’s the job of parents to consent to the treatment.
What if they were all captured by an ideology that said that for the kid to be happy they have to get a tattoo on their face and if they didnt they would probably commit suicide?

So essentially, your argument that is that the doctors have been captured by a harmful ideology. In that case we still have parents that can choose not to consent to the procedure.

It takes both. But you keep seeming to argue that it should be up to the state to decide what is best for the parent and the child.

In other words, you’ve been captured by the nanny state ideology. So much for small government hey

Not all doctors are captured by an ideology, but all you need is some of them. I am probably one of the more anti-government normal people you will meet, and I think the one job a government has is to protect people from harm of others.

So lets go back to the tattoo example, if there was an ideology that said face tattoos are normal and perfectly fine, and the parent believes it, and the beliefs of the parents easily transfer to the kid, and they both agree. They find a tattoo artist and doctor that have the same ideology and they agree. Me and you are watching this and seeing this ideology doesnt make sense and that kid will be directly and severely harmed for the rest of their life for getting a face tattoo, what should we do?

Shit, I thought you were just asking questions. You had a point this whole fuckin time? What a cowardly way to make it!
Oh yeah, the internet is all about bravery…

lol. With the self own

Bro, c’mon now! Grow a spine

I guess I have to explain this to you; nothing you say on the internet is brave, its just words, you can be right or wrong.

No you don’t get it, friend. You likely communicate in this insufferable way with people you have actual relationships with and it’s surely never an enjoyable experience for anyone involved

Look up sea lioning, btw

I am not your friend, you are a jerk.

Meh, I tried. Good luck, dude

¯_(ツ)_/¯

Meh, I tried. Good luck, dude

¯\_(ツ)_/¯

It must be a new strain of that chemical they put in the water that turns the friggin frogs gay