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.

      • Tiefling IRL@lemmy.blahaj.zone
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        They’ve managed to convince people that 5 year olds are out here getting gender reassignment surgery, like it’s not already incredibly hard for willing adults to get it

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          Also like I dunno about all trans people everywhere but for myself and all the trans folk I know being trans when I was a kid really wasn’t focused on my body. Like all it takes to pass pre-puberty is a haircut and clothes and you’re perfectly happy. There’s just not a lot of physical differences between the sexes up to a point. It’s not until you start developing secondary sex characteristics that you care much about your body at all… Puberty though… It’s like a body horror. Once you go from effortlessly passing to having to work at it it’s like actually losing something you didn’t realize you valued so much knowing you will never experience it again.

      • zalgotext@sh.itjust.works
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        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 🙄

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          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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      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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      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.

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      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.

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        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.

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

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            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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              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?

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                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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                  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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      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)

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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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      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.

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        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.

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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.

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          I knew that would be the one thing someone would comment on. I am not referring to someone with cerebral palsy, downs syndrome, ADHD, or any other affect that would cause the slowing of mental capacity. I am referring to politisication of something that has a clear constitutional argument to be made. Also, I was using it as a double entandre, one as to call the lawmakers and judges who support this bullshit mentally deficient, but also to say that the whole thing impedes progress, which is the very definition of the verb ‘retard’.

          If I had been using it derogatorily towards someone of actual diminished capacity, I would need to do better. These are supposedly competent elected and appointed officials. As long as they actively retard the growth of my country, I will freely and happily call them retarded.

          • stringere@leminal.space
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            Fair enough, I appreciate the well articulated response and agree with your usage, but you said it right here:

            I knew that would be the one thing someone would comment on

            That’s the unfortunate state of things due to years of people using the word derogatorily. I applaud you trying to bring it back to proper usage, just be prepared that you will continue to get responses like mine and I doubt they’ll all be as considered as this was.

            • Adalast@lemmy.world
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              Thank you for your response anf kind acceptance.

              It is actually a word that I have been endlessly frustrated with the changes socially to its use. When actually discussing mental deficiencies in a medical sense, the phrase “mentally retarded” is a rare apt terminology. It is “the state if being inhibited from further mental or cognitive progress”, which fits the definition of the verb “retard” perfectly. I understand that socially it was widely used abusively and historically it has a dubious past medically at best, but linguistically it is perfect. I guess that is what frustrates me, because so few things in this world have such a linguistic, well, not perfection, but something to that effect. I guess my failure in words goes to rhetorically illustrate my point.

            • SuddenDownpour@sh.itjust.works
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              This attitude doesn’t really remove derogatory language, because idiots who want to be offensive just jump to stupid, new words, or else they turn words that we could previously use just fine into slurs.

              • stringere@leminal.space
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                or else they turn words that we could previously use just fine into slurs

                /gestures the “ok” hand sign

                Like that?

                • SuddenDownpour@sh.itjust.works
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                  That would be an example, although I was thinking of something more relevant like people saying “accoustic” to insult autistic people.

  • KillingTimeItself@lemmy.dbzer0.com
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    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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      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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        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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      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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    The singling out of a group and taking away rights seems familiar. Something, Something, Something third Reich.

      • Norah - She/They@lemmy.blahaj.zone
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        Ya know, this is the second time in two days I’ve seen your username posting stuff like this. I’m not even from the US but can tell you’re just trying to stir the pot. Glad my client shows that your account is only 18days old.

      • jsomae@lemmy.ml
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        7 months ago

        it’s a blue conservative like you

        what the hell? where are you getting this

      • ArxCyberwolf@lemmy.ca
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        Fuck off with that nonsense. If you can’t see the difference between an actual theocratic fascist party (who makes no attempt to pretend otherwise) and a milquetoast neoliberal party, you’re either wilfully ignorant, misinformed, or here to spread disinformation.

        • affa@startrek.website
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          It’s the ruling class and their useful idiots vs. everyone else.

          Guess who’s winning…

        • beaxingu@kbin.run
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          everybody is a bigot and a fascists now you just need to disagree with what they say. its only ignorant, misinformed and disinformation when it does not align with your specific politics. that’s why you need to be careful with saying shit like that it deludes the meaning of ignorant, misinformed ignorant and disinformation fascist and bigot too because nobody will take it seriously anymore and i just don’t like the misusage of terms for your own political benefit. you delude the meanings of does words to your detriment.

          • Flying Squid@lemmy.world
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            No one has ever seriously called me a bigot. It sounds like they have called you one. I wonder why that could be?

            • beaxingu@kbin.run
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              that just shows you have not used the internet very well and that your being disingenuous because people can say what ever fuck they want as you are showing right now. if you want to take everything seriously people call you that’s your problem not mine.

                • beaxingu@kbin.run
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                  this only makes it worse. do you think just because you know the internet existed sins 1989 that it can not be that you have been doing it wrong. this is not an argument in your favor. your previous disingenuous reply was very funny i never take tactics like that very seriously.

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            Sounds like exactly what a fascist would say. It’s a lie that only benefits fascists, after all.

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                Not everyone I don’t like. Everyone who says childish bullshit like “everyThING YoU dONn’T LiKE iS A faSCISt”. Grow the fuck up you intellectual toddler.

                • beaxingu@kbin.run
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                  dude that means the exact same shit confirming my reply. calling people names very classy this must mean you are winning and adult.

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          hey at least im not known for purging people for there political beliefs. also no need for calling people the worst thing they can be for political wins. and i can just have more fun. no need to sniff my own farts.

    • Flying Squid@lemmy.world
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      At this point, I think that should be a requirement of every candidate during an election, except they’d all ‘accidentally’ clear it.

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      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.

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

        • inclementimmigrant@lemmy.world
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          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.

        • afraid_of_zombies@lemmy.world
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          Not them but I went to school in blue state and when I graduated I sold everything that I couldn’t fit in a backpack. Got a job in a city, took the bus there, found an apartment on craigslist on the bus ride.

          It was rough for a few months.

        • LostWon@lemmy.ca
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          Best I can think of is applying to join a literal commune within the same country.

          edit (20 hrs later): I forgot and used old terminology there. I don’t know who’ll see this, but the right term nowadays is “intentional community.”

  • Flying Squid@lemmy.world
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    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?

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      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.

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        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.

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          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.

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            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.

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              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.

      • Tiefling IRL@lemmy.blahaj.zone
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        Republicans have recently been trying to push for the following two policies:

        • Making sex offenses punishable by death
        • Marking trans people as sex offenders

        It’s easy to see where this is going. This is one of MANY reasons the country won’t survive another 4 years of Trump.

    • IamSparticles@lemmy.zip
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      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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      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.