A federal judge ruled Nov. 21 in favor of Children’s Hospital of Philadelphia after the Justice Department requested information on patients receiving gender-affirming care.
In the ruling, U.S. District Court Judge Mark Kearney said the requests are “beyond the authority granted by Congress,” according to court documents filed in the Eastern District of Pennsylvania. CHOP agreed to supply most of the requested information but objected to providing patient-identifying data.
“[E]ven if this private information could be relevant, the heightened privacy interests of children and their families substantially outweighs the department’s need to know the children’s names, addresses and treatment along with disclosures for gender-affirming care at The Children’s Hospital of Philadelphia,” Mr. Kearney wrote.
A similar ruling was made in September, when a federal judge blocked a subpoena served on Boston Children’s Hospital for its patient records.
In recent months, the Justice Department has served subpoenas on CHOP and other health systems in an effort to obtain medical records related to gender-affirming care. As part of a broader push to restrict federal funding for gender-affirming care for minors, the department said it is investigating possible fraud and unlawful promotion of puberty blockers and hormones.
Several health systems and hospitals have stopped providing gender-affirming care for minors, including surgeries and hormone treatments. System leaders cited President Donald Trump’s executive order as the reason for ending these services — despite leading healthcare associations affirming their medical necessity.
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