Vanderbilt Medical Center is currently under investigation by the U.S. Department of Health and Human Services’ Office of Civil Rights following allegations that the hospital turned over the medical records of transgender patients to Tennessee’s attorney general. The investigation was prompted by two patients who sued Vanderbilt University Medical Center (VUMC) after their records were released to Attorney General Jonathan Skrmetti late last year.
The controversy arose when it was revealed that VUMC had waited several months before informing the affected patients that their medical information had been shared. This revelation sparked concerns among families in Tennessee, a state known for its opposition to gender-affirming care for transgender youth and the limitation of LGBTQ rights.
The patients filing the lawsuit argue that VUMC should have taken steps to protect their privacy by removing personally identifiable information before surrendering their records. They believe the hospital was aware of the hostile stance of Tennessee authorities towards the rights of transgender individuals.
Attorney Tricia Herzfeld, representing the patients, expressed her clients’ horror at the breadth of the private information disclosed by VUMC. However, the patients find solace in the fact that the federal government is now looking into the matter.
The Office of Civil Rights has yet to comment on the investigation, and VUMC has declined to provide further statements as the investigation is ongoing.
Meanwhile, Attorney General Skrmetti maintains that his request for the patient records was part of a routine investigation into potential medical billing fraud and not meant to target patients or their families. However, Skrmetti has faced scrutiny from Democratic lawmakers and civil rights advocates due to his opposition to a proposed federal rule that would restrict the collection of medical records by law enforcement and state officials for those seeking abortion services or transgender healthcare across state lines.
Skrmetti has also been actively defending Tennessee’s ban on gender-affirming care for transgender youth and has praised a federal appeals court decision allowing the law to temporarily go into effect.
Despite these controversies, Skrmetti’s office claims to be unaware of the civil rights investigation, and they view any attempt to turn their dispute about the law into a federal investigation as retaliatory and the politicization of federal law enforcement.
The outcome of the investigation will shed light on whether VUMC violated the civil rights of transgender patients by sharing their medical records with the attorney general. In the current climate, where gender-affirming care is under attack in Tennessee, the results of the investigation will have broader implications for transgender rights in the state and may set a precedent for other providers and institutions in similar situations.
