Tennessee Hospital Under Scrutiny for Violating Civil Rights by Releasing Transgender Health Records

By Lucia Paula , Parent Herald Aug 15, 05:18 am

Photo: (Photo : Angela Compagnone on Unsplash)

Vanderbilt University Medical Center (VUMC) is under the scrutiny of a federal civil rights investigation initiated by the U.S. Department of Health and Human Services (HHS) following allegations of unauthorized disclosure of medical records belonging to transgender patients. Hospital authorities have confirmed that the investigation comes in the wake of a legal battle in which two patients sued the medical center for the release of their records.

Sensitive Data Compromised: Transgender Patients' Medical Records Released

The controversy began when VUMC turned over the medical records of transgender patients to Tennessee's Attorney General, Jonathan Skrmetti, late last year. This action prompted an outcry from the affected patients, who argue that the hospital failed to protect their personally identifiable information, especially given the hostile stance that Tennessee authorities have taken towards transgender rights.

"We have been contacted by and are working with the Office of Civil Rights," stated VUMC spokesperson John Howser in a recent statement. "We have no further comment since this is an ongoing investigation."

The revelation that personal medical information had been shared without consent emerged when patients were informed months later, in June. VUMC's delayed response fueled concerns among residents of Tennessee, a state with a strong conservative presence that has witnessed ongoing attempts to limit LGBTQ rights and ban gender-affirming care for transgender youth.

Those who are filing lawsuits against VUMC argue that the medical center should have taken measures to de-identify the shared records, especially given their awareness of the antagonistic attitude that Tennessee authorities hold towards transgender rights. The impact of this disclosure was far-reaching, affecting not only VUMC's own patients but also state workers, individuals on TennCare (Tennessee's Medicaid plan), and those who had no connection with VUMC's transgender care clinic.

Attorney Tricia Herzfeld, who represents the affected patients, expressed deep concern over the breach of privacy. "The more we learn about the breadth of the deeply personal information that VUMC disclosed, the more horrified we are," she said. "Our clients are encouraged that the federal government is looking into what happened here."

State vs. Federal Rules: Skrmetti's Controversial Legal Stances Under Scrutiny

While VUMC has faced backlash for its handling of sensitive medical data, Attorney General Skrmetti maintains that his request for patient records was part of an investigation into potential medical billing fraud. He insists that he is not targeting patients or their families. Nevertheless, his involvement in opposing federal rules that restrict the collection of medical records for abortion services or transgender healthcare has drawn skepticism from Democratic lawmakers and civil rights advocates.

Skrmetti's ongoing defense of Tennessee's ban on gender-affirming care for transgender youth has further intensified the controversy. He has supported a federal appeals court decision allowing the law to be temporarily enforced. Despite these positions, Skrmetti's office claims to be unaware of the ongoing civil rights investigation.

Amidst the complex legal landscape, concerns have arisen about potential retaliation and the politicization of law enforcement. Amy Wilhite, a spokesperson for Skrmetti's office, stated, "Turning a disagreement about the law into a federal investigation would be plainly retaliatory and would reflect a dangerous politicization of federal law enforcement."

As the civil rights investigation unfolds, both the medical center and the patients affected await further developments, hoping for a resolution that upholds the privacy and rights of transgender individuals while addressing concerns over the handling of sensitive medical information.