In the latest move by the Trump administration to limit transgender medical care, the Department of Justice on Wednesday issued subpoenas for confidential patient information to more than 20 doctors and hospitals that provide gender affirming care for transgender minors.
Most of the subpoenas were issued through the consumer protection unit of the Department of Justice’s civil division and attempted to circumvent patient privacy protections outlined in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The DOJ says its investigations seek to uncover “health care fraud, false statements, and more.”
“Medical professionals and organizations that mutilated children in the service of a warped ideology will be held accountable by this Department of Justice,” Attorney General Pamela Bondi said in a statement.
Investigators could eventually seek criminal charges if evidence of fraud is uncovered, even as critics say the motivation is more political than investigative. The investigation also serves as a way to force the start of negotiations with providers over transgender treatment policy.
Also, on Wednesday, the Federal Trade Commission hosted an all-day workshop on the “dangers of gender-affirming care.” In his opening remarks, FTC Chairman Andrew Ferguson explained that the purpose of the conference was about “healing the wounds that proponents of gender affirming care may have inflicted on our nation’s children and parents and preventing the potential for future harm.”
The FTC’s panel featured more than a dozen speakers who criticized gender-affirming health care, including individuals who received such care as minors and now say they regret it. Panelist Claire Abernathy said, “We need to make sure that no more kids are sold a product they can’t return.” Claire, who underwent testosterone treatment and received a mastectomy at 14, later detransitioned.
However, as Samuel Levine, former head of the FTC’s Bureau of Consumer Protection, said, “The FTC does not have authority over the practice of medicine.” He continued, “This is a significant departure from FTC norms and a clear politicization of consumer protection.”
Health agencies in England, Sweden, and Finland have limited treatments for transgender minors, citing the uncertain evidence regarding the benefits and the possible risks, which can include loss of fertility. Still, none of these governments have banned gender affirming care or prosecuted hospitals and providers.
“This politically motivated effort is a drastic overreach and a backhanded attempt to intimidate providers and institutions serving the transgender youth population,” Dr Scott Leibowitz, a child and adolescent psychiatrist, told the New York Times, adding that “the Justice Department’s subpoenas will create widespread fear for every patient in the country who will be wondering when or if their private health care records will be released.”
