A federal judge this week moved to throw out a subpoena for the medical records of minor patients who received gender-affirming care at Children\u2019s Hospital Colorado, extending the Department of Justice\u2019s losing streak.<\/p>\n
U.S. Magistrate Judge Cyrus Chung wrote Monday night that Congress gave the Justice Department and other agencies the power to issue subpoenas to investigate law-breaking, but no federal law prohibits gender-affirming care to minors. He recommended the district court quash the subpoena, or declare it invalid.<\/p>\n
The DOJ has two weeks to file any objections to Chung\u2019s recommendation before it\u2019s finalized. The department declined to comment on whether it intends to object.<\/p>\n
Children\u2019s Hospital Colorado and Denver Health both paused gender-affirming hormone therapy for minors in late December<\/a>, following a declaration from Health and Human Services Secretary Robert F. Kennedy Jr. that threatened to cut hospitals providing that care off from Medicare and Medicaid entirely.<\/p>\n Colorado has joined 18 other states suing to throw out the declaration<\/a>.<\/p>\n HHS officials announced last week that they would refer Children\u2019s Hospital Colorado and Seattle Children\u2019s Hospital to the department\u2019s Office of the Inspector General. Posts on social media didn\u2019t specify what the office would investigate, though it typically looks into fraudulent Medicare billing and states\u2019 failures to oversee their Medicaid programs.<\/p>\n The Department of Justice\u2019s subpoena requested:<\/p>\n Complete personnel files for Children\u2019s Hospital Colorado employees The hospital asked the department if it would accept patient records with identifying information stripped out, but the department refused, according to Chung\u2019s order.<\/p>\n Similar subpoenas sent to Boston Children\u2019s Hospital<\/a>, Children\u2019s Hospital of Philadelphia<\/a> and the telehealth platform QueerDoc<\/a> by the Trump administration also failed.<\/p>\n While the Justice Department said it was investigating \u201cmisbranded\u201d drugs or illegal off-label promotion of medications, patients\u2019 medical records aren\u2019t relevant to questions about drug companies\u2019 behavior, Chung wrote. Doctors can prescribe drugs for conditions they weren\u2019t approved for \u2014 such as using blood pressure drugs to prevent migraines \u2014 but manufacturers can\u2019t advertise their drugs for those conditions or encourage doctors to use them that way.<\/p>\n The Justice Department didn\u2019t identify any evidence of drug companies improperly promoting drugs, and the government\u2019s own statements<\/a> show the true goal was to end gender-affirming care, Chung wrote.<\/p>\n \u201cEvidence of abuse of the court\u2019s process abounds,\u201d he wrote in the order.<\/p>\n Children\u2019s Hospital Colorado said in a short statement that the decision would protect patients\u2019 personal information.<\/p>\n \u201cChildren\u2019s Colorado takes our obligation to protect the privacy of our patients and team members seriously,\u201d the statement said.<\/p>\n
\nRecords related to billing and coding for gender-affirming care
\nContracts and other communications with pharmaceutical companies that manufacture puberty-blockers and hormonal treatments
\nMedical records and identifying data for minors who received puberty blockers or hormonal treatments, including their names, addresses and Social Security numbers<\/p>\n