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[US] Texas AG Threatens Seattle Hospital With Jail Unless It Provides Trans Patient Data (www.erininthemorning.com)

submitted 10 months ago by jennwiththesea to c/news

160 comments fedilink hide all child comments

Excerpts:

"Seattle responded to the request by filing a lawsuit in Travis County, stating they cannot comply because Texas has no jurisdiction in Washington State, and no care was provided by the hospital in Texas. They also point out that the Dormant Commerce Clause, protected by the United States Constitution, “protects the right to interstate travel, including to obtain healthcare services.” By targeting out-of-state hospitals for enforcement of laws that only apply within the jurisdiction of Texas, they “discriminate against healthcare based on an interstate element,” violating constitutional protections, according to the legal filing. Lastly, Seattle Children’s Hospital cannot comply due to a shield law passed by Washington State. This law bars the hospital from providing any patient data and from responding to subpoenas pursuant to “protected healthcare services” obtained within the jurisdiction of Washington. Protected healthcare services include abortion, reproductive care, and gender-affirming care."

"This case promises to be extraordinarily complex. Seattle Children’s Hospital is challenging the jurisdiction of the demands directly in a Texas state court. Regardless of what the local court decides, the claims are likely to go to the Texas Supreme Court. Given that the claims also have a time limit on them and that appeals in Texas automatically favor the attorney general due to an automatic lifting of stays in the state, Seattle Children’s Hospital workers and providers for trans patients from Texas could be under legal jeopardy. Ultimately, the case presents questions of conflicting state laws and regulation of conduct across state lines, and the implications of those laws could be dire for abortion and trans care nationwide."

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[–] GlitzyArmrest 114 points 10 months ago (2 children)

Also thank you to Washington state for passing the shield law to make this happen.

"Go fuck yourself, Texas." - Sincerely, Washington state residents

[–] [email protected] 40 points 10 months ago (1 children)

I feel that even without the shield law, this would be a violation of HIPAA

[–] [email protected] 9 points 10 months ago* (last edited 10 months ago) (1 children)

HIPAA has exceptions, which include orders to disclosed PHI to the court.

... What Ken Paxton is attempting isn't legal though. Texas has no jurisdiction in this sham and following the order would violate Washington state law.

[–] [email protected] 3 points 10 months ago (1 children)

It doesn't sound like the douchebag has a court order, though.

[–] AA5B 2 points 10 months ago

Also sounds like he’s going on a treasure hunt, rather than ask for specific info about specific people

[–] Procleus 6 points 10 months ago

“Go fuck yourself, Texas.” -Sincerely, the rest of the United States of America