Manatt Health Managing Director Vin Gupta was featured on MSNBC discussing subpoenas from the Department of Justice aimed at accessing medical care records of transgender youth.
Patient data is protected through the Health Insurance Portability and Accountability Act (HIPAA) in which there are very specific carve-outs for when that data may be reported, such as during a public health crisis or if there are concerns about abuse or violence toward or by the patient. However, Gupta said this does not apply for what the DOJ is seeking.
“There is no violation of state law in, say, the state of Pennsylvania in this case, and so the fact that they're asking for communications on medical care on Zoom notes is entirely inappropriate, [and] it's incredibly chilling,” Gupta said. “It's going to have a lot of downstream impacts on patient care and on provider wellness.”
Beyond the immediate concerns over HIPAA protections for trans youth and the doctors who provide their care, Gupta also said political considerations can complicate doctors’ abilities to render appropriate treatments for their patients due to factors such as abortion legislation and changing vaccine guidance from the CDC. Gupta added, “articulating some of the fears here and where this could potentially go […] this is the canary in the coal mine, and where are we head next—that's the concern.”
Watch the full segment here.