Seattle Children's Hospital has filed a lawsuit against the Texas Office of the Attorney General after the agency requested documents related to gender transition policies and such care provided to Texas children, NBC affiliate KXAN reported Dec. 20.
In a lawsuit filed Dec. 7, Seattle Children's argues that the Texas attorney general does not have the jurisdiction to demand patient records from the hospital. It also states that Washington's Shield Law, signed by Gov. Jay Inslee on April 27, protects it from requests made by states that "restrict or criminalize reproductive and gender-affirming care," according to the report.
The Shield Law creates a cause of action for interference with protected healthcare services, which protects against lawsuits filed in other states related to reproductive or gender-affirming care that is lawful in Washington. Those harmed by such out-of-state lawsuits can also file a countersuit in Washington for damages and recover their costs and attorneys' fees.
The Texas attorney general said it is investigating misrepresentations involving gender transitioning and reassignment treatments and procedures that allegedly violated the Texas Deceptive Trade Practices-Consumer Protection Act. It has demanded that Seattle Children's provide the following documents:
- All medications prescribed by the hospital to Texas children
- The number of Texas children treated by the hospital
- Diagnosis for every medication provided by the hospital to Texas children
- Texas labs that performed tests for the hospital before prescribing medications
- Protocol/guidance for treating Texas children diagnosed with gender identity disorder, gender dysphoria or endocrine disorders
- Protocol/guidance on how to "wean" a Texas child off gender transitioning care
Seattle Children's maintains that it does not have property, accounts, nor employees who provide gender-affirming care or administrative services for that care in Texas, according to affidavits obtained by KXAN. Hospital leaders also said that Seattle Children's has not marketed or advertised this type of care in Texas either.
Attorneys for the hospitals argue that the demands are an "improper attempt" to enforce Texas' SB 14 bill — signed June 2 by Gov. Greg Abbott — and investigate healthcare services that did not occur in Texas.
"Seattle Children's took legal action to protect private patient information related to gender-affirming care services at our organization sought by the Texas attorney general," a spokesperson for the hospital told Becker's. "Seattle Children's complies with the law for all healthcare services provided. Due to active litigation, we cannot comment further at this time."
The Texas attorney general's office did not respond to Becker's request for comment.