As part of a push to collect information on patients receiving gender-affirming care, the Department of Justice is asking a federal court to limit its subpoena against UPMC, ensuring all patient records stay anonymous.
In September, four UPMC patients filed a motion to quash a Department of Justice subpoena ordering UPMC to turn over their detailed medical histories, diagnoses and treatment plans. The patients argued that it was a violation of their privacy rights, and the government could offer no compelling reason to demand the information.
Other hospital systems, including the Children’s Hospital of Philadelphia, also filed motions to quash the subpoenas. These motions were granted in Boston, Seattle and Philadelphia.
In a filing Tuesday, the Department of Justice requested that a federal court scale back its subpoena of UPMC so patient information can remain anonymous.
The court still has to issue a ruling.
“As for the lawyers and their parents, we would strongly disagree that this in any way alleviates the concern, and I say that because the information and details in these medical records are so deeply personal that no redaction can protect their privacy,” said Mimi McKenzie, legal director at the Public Interest Law Center. “The records include the most sensitive details about these young patients’ lives … From our perspective, that doesn’t adequately address the patients’ constitutional right to privacy here.”
McKenzie said the implications of the latest development won’t be known until the court issues a decision.
“The privacy issues weren’t the only reasons why we sought to quash the subpoena,” she said. “The DOJ doesn’t have any need for this information … and they’re not seeking it for a proper appropriate purpose.”
UPMC did not immediately return requests for comment.
After discussions with UPMC and its counsel on Dec. 12 and 15, the U.S. Department of Justice “has narrowed the scope of the subpoena to accept only anonymized patient medical records,” according to the filing.
Previously, the DOJ had agreed to provisionally accept redacted patient records — with the option to request unredacted material in the future.
However, the government has requested that a minor’s year of birth or age still be included in the anonymized records, “as the investigation is into medical care provided to minors,” the filing said. This does not include specific birth dates.
UPMC ended gender-affirming care for patients under age 19 in June, in response to an order from President Donald Trump calling for stricter limitations on gender-affirming care.
In July, the Department of Justice issued at least 20 subpoenas to doctors and hospital systems across the country, seeking information regarding “transgender medical procedures on children.”
The subpoenas sought personal identifying information — including names, dates of birth, Social Security numbers, addresses and parent information — for anyone prescribed puberty blockers or hormone therapy.
Specifically, they sought diagnoses and assessments, as well as documents related to consent and parent authorization. The government said it was worried about whether drugs, often used off-label, to treat gender dysphoria are safe, especially in children.
The subpoenas were part of a nationwide investigation into off-label drug use and fraudulent billing, the Justice Department said.
But attorneys representing transgender patients said the subpoenas are part of an effort by the Trump administration to end gender-affirming care through intimidation and threats.
UPMC Children’s Hospital of Pittsburgh has not turned over to the federal government any information requested in the subpoena related to its treatment of transgender patients, TribLive previously reported.