Patients Sue Vanderbilt After Transgender Health Records Turned Over In Insurance Probe

Nashville, Tennessee. Two patients are suing Vanderbilt University Medical Center, alleging that the Tennessee attorney general's decision to release detailed medical records from the hospital created a "hostile atmosphere" toward transgender people in the state.

The plaintiffs, who filed under false names, allege Vanderbilt acted negligently and failed to comply with a patient agreement by providing medical records without suing Attorney General Jonathan Scarmati's office.

VUMC said it was required by law to deliver the notice to Scarmetti's office after a legal tool called a "Civil Inquiry Request" was used against the medical center, first reported by The Tennessean, part of the USA Today Network, last month.

The attorney general's office said it was investigating possible health care billing fraud related to transgender treatment at VUMC, and accused a doctor of publicly describing the billing fraud to circumvent "coverage limits." Scarmetti's office called it a "normal" fraud investigation focused on providers, not patients, and said the medical records of private patients remain closely guarded.

The lawsuit says the plaintiff "has been subjected to harassment, harm and threats of serious bodily harm because he is transgender or transsexual."

"People should be able to share their personal health information with their doctors without fear that it will be turned over to the government," said Tricia Herzfeld, an attorney for the plaintiffs.

Hertzfeld was assisted by Abby Rubinfeld, a Tennessee civil rights attorney, as counsel.

Family fears patient privacy: Vanderbilt turns over transgender patient's medical records to Tennessee attorney general for investigation

The medical center is "required by law" to provide the documents

In a lengthy statement, VUMC said the release of medical records is not taken lightly, saying it is "required by state law."

"The Tennessee Attorney General has the legal authority to require VUMC to provide relevant medical records for these billing investigations," VUMC said in a statement. "Health systems often receive requests for health records from government agencies related to billing and audit investigations, and federal and state laws (including HIPAA) allow law enforcement agencies to obtain health records for investigations without prior patient consent."

In a subsequent civil investigative warrant issued this spring, Scarmetti's office requested a wealth of information, including a list of everyone who had been referred to the hospital's transgender clinic in recent years; Documents related to psychological support services for transgender patients; And I've been sending emails to and from public VUMC email addresses related to LGBTQ support programs for nearly a decade.

VUMC has not fully complied with all subsequent requests

"Our legal counsel is currently discussing with the attorney general's office what information is relevant to their investigation and delivery to VUMC," the medical center said in a statement Tuesday.

The attorney general's claim drew attention from gay rights advocates

A series of lawsuits from the attorney general's office has troubled LGBTQ privacy advocates in Tennessee as VUMC has become a lightning rod in the increasingly contentious political battle over transgender rights in Tennessee.

Scarmitti said his office planned to investigate VUMC's practices last fall after conservative advocates accused the facility of opposing gender-specific treatment programs for children and conducting some treatments used as money-making schemes.

Vanderbilt has denied the allegations, but the story has sparked backlash in conservative circles in Tennessee, particularly regarding the treatment of transgender youth.

'State of emergency': LGBTQ Americans face stark warnings from rights advocates

Scrmeti's Office and Governor of Tennessee. Bill Lee in September investigated the clinic's practices for allegations of misconduct, though at the time there was no reference to potentially applicable laws against VUMC.

The attorney general's comprehensive review of patient records became public after VUMC patients were notified earlier this summer that their records were available to the state as part of an ongoing investigation. The medical center said it began notifying patients after it released copies of allegations made by a state investigation into an independent lawsuit challenging a new Tennessee law that prohibits the redistribution of health care to minors.

"Although VUMC was not a party to this lawsuit and the patient's name and date of birth were omitted from the information provided by the plaintiffs, it is clear from the documents that the prosecutor sought the patient's personal medical records and billing," the medical center said in a statement.

The statement continued: "As this information is now publicly available, we believe it is in the best interest of our patients that we be informed of these developments through media reports or other means." "VUMC places great emphasis on protecting patient privacy and confidentiality to the extent permitted by state and federal law."

Contact Melissa Brown at mabrown@tennessean.com.

Transgender Health Survey at VUMC