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.

  • pezhore@lemmy.ml
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    7 months ago

    "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.

    • Drivebyhaiku@lemmy.world
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      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.

      • zalgotext@sh.itjust.works
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        7 months ago

        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 🙄

        • Drivebyhaiku@lemmy.world
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          7 months ago

          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.

    • Emerald@lemmy.world
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      7 months ago

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

    • Flying Squid@lemmy.world
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      7 months ago

      When people were arguing for this ban in Indiana, people were saying the same stupid shit.

      And it turned out that there was no hospital or clinic that performed such surgery on minors in the first place.

      They didn’t care, they just kept saying it.

    • CableMonster@lemmy.ml
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      7 months ago

      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.

      • quindraco@lemm.ee
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        7 months ago

        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.

        • CableMonster@lemmy.ml
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          7 months ago

          So then what if the child wants a face tattoo, should the parent be able to consent for them?

          • quindraco@lemm.ee
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            7 months ago

            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.

            • CableMonster@lemmy.ml
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              7 months ago

              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?

              • quindraco@lemm.ee
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                7 months ago

                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.

                • CableMonster@lemmy.ml
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                  7 months ago

                  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.

    • prole@sh.itjust.works
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      7 months ago

      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)

  • Otakulad@lemmy.world
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    Conservatives : Show me your personal medical records. I need to know if you are commiting crimes.

    Also conservatives: No you can’t see my tax returns. That’s personal.

    • Adalast@lemmy.world
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      7 months ago

      Even better - Conservatives: show me your personal medical records, I need to know if you are doing something I want to be illegal.

      Also conservatives: what do you mean you want to check my mental health background before I can purchase a gun? Outrageous.

      The whole LGBT stuff is such bullshit since it should 100% easily fall under first amendment expression it is retarded that they have not been trounced are every turn.

      • Otakulad@lemmy.world
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        7 months ago

        Ah, but you see, there is no restrictions to owning a gun. Our forefathers believed so, even though at the time every gun was a single shot using black powder that wasn’t that accurate. They absolutely knew that one day people would have semi-automatic weapons able to fire off an obscene amount rounds in a minute, hitting a target accurately from a long distance.

        • Adalast@lemmy.world
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          Don’t forget that they were just coming out of a time of oppression and persistent existential fear, but were obviously clairvoyant enough to know that it would be a rule that held in what would be the absolute safest and most peaceful time the world has known in 200 years.

  • KillingTimeItself@lemmy.dbzer0.com
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    7 months ago

    isn’t this like, explicitly anti HIPPA (or HIPAA since apparently medical acronyms suck)?

    Shouldn’t this be like, INCREDIBLY illegal?

    • afraid_of_zombies@lemmy.world
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      7 months ago

      Not like the Christians care but it also violates the fourth

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      • captainlezbian@lemmy.world
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        7 months ago

        Silly commie. The 4th amendment is like the 3rd, 7th, and 8th. They’re all outdated silly things that are completely irrelevant to our modern world unlike the 2nd and certain interpretations of the 1st

    • FilterItOut@thelemmy.club
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      7 months ago

      The ruling specifically said items that aren’t protected under federal mandate. When I deal with HIPAA (Health Insurance Portability and Accountability Act) information, just about everything you can imagine in the record is protected if it can be paired with another piece of info and narrow down a person’s identity. Scroll down to the ‘Protected Health Information’

      Hopefully that means they can deny just about every document… but I have no hope when it comes to courts and prosecutors in the states.

  • Sp00kyB00k@lemmy.world
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    7 months ago

    The singling out of a group and taking away rights seems familiar. Something, Something, Something third Reich.

    • rc_buggy@sh.itjust.works
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      7 months ago

      I think that they are trying to use “Medicaid fraud” as a backdoor to access medical records. I mean, the AG is specifically saying otherwise but that’s the loophole they will use to get these records.

    • inclementimmigrant@lemmy.world
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      7 months ago

      Anything these fascists don’t like while they’re running their theocracy.

      Reason I moved my family out of that y’all queda nightmare.

      • pulaskiwasright@lemmy.ml
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        7 months ago

        HIPAA protections are federal. Planned Parenthood won’t just turn over records that are protected by HIPAA.

        • inclementimmigrant@lemmy.world
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          7 months ago

          It’s funny that you think fascist give a shit about federal law, not like that don’t have a history of ignoring federal statutes when they disagree with something.

  • Flying Squid@lemmy.world
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    7 months ago

    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?

    • Aviandelight @mander.xyz
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      7 months ago

      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.

      • CosmicTurtle0@lemmy.dbzer0.com
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        7 months ago

        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.

        • jkrtn@lemmy.ml
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          7 months ago

          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.

          • CosmicTurtle0@lemmy.dbzer0.com
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            7 months ago

            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.

            • jkrtn@lemmy.ml
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              7 months ago

              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.

    • IamSparticles@lemmy.zip
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      7 months ago

      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.

    • elrik@lemmy.world
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      7 months ago

      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.

  • Burn_The_Right@lemmy.world
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    There is no such thing as a good conservative alive today. Conservatives bring only oppression and death. They are the enemy of humanity.

  • RizzRustbolt@lemmy.world
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    Little shit never leaves his enclave either.

    He knows what will happen if he ever shows his face in KC or St. Louis.

    • Admiral Patrick@dubvee.org
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      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.