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A Balancing Act: Privacy Issues And Responding to A Federal Subpoena Investigating Transgender Care

Posted on July 15, 2025 by Dissent

From the law firm of Goodwin & Shipman LLP:

On Wednesday, July 9, 2025, the United States Department of Justice (“DOJ”) issued more than 20 subpoenas to physicians and clinics (the “Providers”) who provide gender-affirming care to transgender youth. According to the DOJ, the subpoenas were issued in connection with multiple investigations it is conducting relating to “healthcare fraud, false statements” and more. While the subpoenas appear to be limited to Providers, it is expected that the DOJ will expand its investigation more broadly to include other health care stakeholders. The issuance of the subject subpoenas will likely result in due concern among Providers with respect to balancing the tension between complying with a federal subpoena and the obligation to safeguard health information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), along with state “Shield Laws,” which are generally intended to protect health information and privacy of patients.

Read more at JDSupra.

Category: CourtGovtHealthcareLawsSurveillanceU.S.

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