Attorney General Bonta: Subpoenas Targeting the Medical Records of Transgender Youth Are an Assault on Privacy

Joins multistate coalition opposing U.S. DOJ subpoena to access private medical records

OAKLAND - California Attorney General Rob Bonta today announced joining a coalition of 15 attorneys general in filing an amicus brief in the U.S. District Court for the Eastern District of Pennsylvania. The brief urges the court to limit the U.S. Department of Justice's (U.S. DOJ) subpoena targeting the release of private medical records, including patient records, related to gender-affirming care at Children's Hospital of Philadelphia (CHOP).

"Subpoenas targeting the medical records of transgender youth are an assault on privacy," said Attorney General Bonta. "Healthcare decisions should be between patients, families, and doctors - not in the hands of the government. That's why I am standing with a coalition of attorneys general, urging the court to quash or limit U.S. DOJ's subpoena of documents relating to medically necessary, gender-affirming care."

Since taking office, the Trump Administration has attempted to end lawful medical care that it disfavors. On day one, President Trump issued an Executive Order declaring gender identity a "false" idea. A week later, the President issued another Executive Order attempting to strip federal funding from institutions that provide lifesaving gender-affirming care for young people under the age of 19, with the ultimate goal of ending all gender-affirming care for adolescents. In April, U.S. Attorney General Pam Bondi issued a memo directing U.S. DOJ to investigate healthcare providers and pharmaceutical companies that engage in gender-affirming care.

On June 12, U.S. DOJ sent CHOP an administrative subpoena, seeking information and documents relating to the hospital's provision of gender-affirming care. This subpoena demands sensitive medical records and personally identifying information about adolescent patients and their families. For example, U.S. DOJ is seeking patient names, dates of birth, home addresses, and social security numbers.

In their brief, the attorneys general urge the court to limit U.S. DOJ's subpoena. They argue that:

• The federal government is clearly seeking to intimidate medical providers from offering critical and medically necessary care to transgender youth, even in states like California where such care is legal and protected.
• As part of this subpoena request, U.S. DOJ is interpreting the Food, Drug, and Cosmetic Act (FDCA) as outlawing medical providers from prescribing FDA approved medications to their patients for off label use. If U.S. DOJ's interpretation of the FDCA were accepted, entire fields of medicine could see their practitioners at risk of criminal conviction merely for offering routine, evidence-based treatments. As the amicus brief points out, some studies estimate that as much as 80% of drugs prescribed for children are prescribed for off label uses.

The states submitting the brief have enacted their own laws, policies, and protections, for transgender residents, including transgender youth under the age of 19. California has enacted laws recognizing the right to access gender-affirming care and shielding people who access or provide gender-affirming care from civil or criminal penalties by out-of-state jurisdictions.

Earlier this month, Attorney General Bonta filed an amicus brief opposing U.S. DOJ's subpoena for patient records related to gender affirming care at Boston Children's Hospital. California continues its efforts to stand firmly in support of healthcare policies that respect the dignity and rights of all people.

Joining Attorney General Bonta in submitting the amicus brief are the attorneys general of Connecticut, Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon, Vermont, and Washington.

A copy of the amicus brief can be found here.