Private Medical Records Protected For Transgender Youth, Judge Rules

NEW YORK, NY— A federal judge in Manhattan ordered the Justice Department to stop seeking sensitive medical records and identifying information for transgender adolescents who received gender-transition-related care at New York City hospitals.

U.S. District Judge Katherine Polk Failla issued the ruling during a conference call with attorneys, temporarily blocking the government sharing health information tied to patients who received transition-related care before age 18.

The dispute centered on a grand jury subpoena issued last month to NYU Langone.

The subpoena sought medical records and identifying information for adolescent patients who received transition-related care during the past six years.

Those patients, Failla said, had “sought gender affirming treatments under a reasonable assumption of absolute privacy.”

Questioning the scope of the subpoena, Failla said she could not identify a criminal justification for such a broad request.

“Because I cannot conceive of a crime that would require the breadth of disclosure sought in the subpoena — identifying and sensitive medical information for an entire class of people for a six-year period — I have to find that the government’s interest does not outweigh the plaintiffs’ interest in privacy,” she said.

The judge said disclosure could cause “deep, emotional harm” and weaken trust between patients and health care providers.

The lawsuit came from patients who received transition-related care at NYU Langone.

Represented by Lambda Legal, they sought to prevent federal authorities from obtaining their medical information.

Omar Gonzalez-Pagan, a lawyer for Lambda Legal, called the ruling an "enormous relief for these families.”

During a hearing, Justice Department attorney Luke Miller said adolescent patients would not face prosecution.

“The government views the plaintiffs as the victims in this circumstance,” Miller said.

Failla noted, however, that federal lawyers declined to assure the court that parents would not face prosecution for their involvement in their children’s medical treatment.

The investigation stems from executive orders issued early in President Donald Trump’s current term directing federal agencies to prioritize inquiries involving gender-transition treatments for minors.

Federal investigators have examined whether providers improperly billed for care, failed to disclose risks or misled patients about the effectiveness of puberty blockers and hormone treatments.

The Justice Department previously issued administrative subpoenas to hospitals seeking information about gender-related care for minors.

NYU Langone received one such subpoena nearly a year ago seeking patient records, billing information and internal documents related to puberty blockers and hormone treatments.

According to an affidavit from attorney Zachary A. Cunha, who represents NYU Langone, the hospital negotiated with the government and produced documents but withheld patient records and identifying information.

As some hospitals successfully challenged administrative subpoenas in court, federal investigators shifted to grand jury subpoenas.

In May, NYU Langone and Mount Sinai Hospital received grand jury subpoenas issued through a federal court in Texas.