Two patients filed a class action lawsuit against Nashville-based Vanderbilt University Medical Center July 24, claiming the system violated patient privacy by sharing medical information with the state attorney general amid a probe into transgender care practices, according to ajoint report from the Nashville Banner and Nashville Post.
In June, the state attorney general's office confirmed it was investigating Vanderbilt for potential medical billing fraud involving patients enrolled in state-sponsored plans who received transgender care services at the medical center.
The suit claims the medical center violated HIPAA and its own privacy policies by sending Tennessee Attorney General Jonathan Skrmetti's office a list of 106 patients who received gender-affirming care from the medical center. The hospital began providing records relevant to the billing investigation to the attorney general's office in December 2022, according to The Tennessean.
"Those records included the personally identifying information of its patients and some of the most intimate details of their private lives," the lawsuit contends. "VUMC did not inform its affected patients that it had done this."
Vanderbilt was obligated to reply to the information requests and did so, a health system spokesperson told Becker's July 25.
"The state has told VUMC multiple times that the investigation is not focused on any patient and that the state will maintain records obtained in strict confidence," the spokesperson said. "VUMC places paramount importance on securing patient privacy and confidentiality, as permitted by state and federal laws."
The requests also asked for further information about Vanderbilt's transgender services, and the health system's legal counsel is in ongoing discussions with the attorney general's office about what information is relevant to their investigation.
"We hope to reassure our patients and our employees that the decision to release patient records for any purpose is never taken lightly, even in situations such as this where VUMC was legally compelled to produce the patient records," Vanderbilt said.
Vanderbilt paused gender-affirming surgeries on patients under age 18 in October 2022 after receiving a letter of concern from about 60 Republican Tennessee lawmakers. This June, the medical center closed its transgender clinic ahead of a state ban on gender-affirming healthcare for youth, which took effect July 1.