The U.S. Department of Health and Human Services (HHS) has launched a federal civil rights investigation into Vanderbilt University Medical Center (VUMC) after the hospital turned over the medical records of transgender patients to Tennessee’s attorney general without their consent.
The records, which contained personally identifying information such as names, dates of birth, and diagnoses, were requested by Attorney General Jonathan Skrmetti late last year as part of a routine investigation into possible medical billing fraud. Skrmetti has denied any intention to target the patients or their families, but he has also joined a group of Republican attorneys general in opposing a proposed federal rule that would protect the rights of transgender people who seek abortion services or transgender health care in other states.
The patients, who are suing VUMC for violating their privacy and exposing them to potential discrimination and harassment, say they were not informed of the records release until June this year, after the requests were revealed in another court case. Many of the patients are state workers, or their adult children or spouses; others are on TennCare, the state’s Medicaid plan; and some were not even patients at VUMC’s clinic that provides transgender care.
“This is an unprecedented attack on transgender people’s health care by a state attorney general,” said Omar Gonzalez-Pagan, senior attorney at Lambda Legal, a national LGBTQ legal organization that represents some of the patients. “This is not just about privacy. This is about dignity. This is about respect. This is about human rights,” said Marisa Richmond, a transgender activist and professor at Middle Tennessee State University.
The HHS investigation is being conducted by its Office for Civil Rights (OCR), which enforces federal laws that prohibit discrimination in health care and human services. OCR has the authority to impose penalties, such as withholding federal funds, on entities that violate civil rights laws.
“We take seriously our responsibility to protect the civil rights of every individual who accesses or seeks to access health and human services programs funded by HHS,” said Robinsue Frohboese, acting director of OCR.
VUMC has expressed regret over the breach of patient privacy and said it is cooperating with the HHS investigation. “We are deeply concerned about this breach of patient privacy and its potential impact on our patients’ health and well-being,” said Dr. Jesse Ehrenfeld, director of VUMC’s Program for LGBTQ Health.
The case comes amid a wave of anti-transgender legislation in Tennessee and other states that have sought to ban gender-affirming care for transgender youth and limit LGBTQ rights. The patients and their advocates hope that the HHS investigation will send a message to state officials that transgender people deserve respect and protection under the law.
Relevant articles:
– Tennessee hospital faces civil rights investigation over release of transgender health records, ABC News, August 11, 2023
– Vanderbilt Hospital Under Civil Rights Investigation Over Releasing Transgender Patient Records To Tennessee AG, Forbes, August 11, 2023
– Tennessee hospital faces civil rights probe over release of transgender patients’ records, MSN, August 11, 2023
– Vanderbilt faces investigation over release of transgender health records, Daily Memphian, August 11, 2023