'Poorly disguised interrogatories': Missouri hospital sues AG over intrusive request for trans data

16 April 2023

Children's Mercy Hospital of Kansas City, Missouri, is suing the state's Republican Attorney General, Andrew Bailey, following his request for data on transgender care, The Associated Press (AP) reports.

This comes after Bailey announced an emergency regulation Thursday, according to Business Insider, which would ban "medical providers from providing gender-affirming care unless a number of requirements are met," and would go into effect beginning April 27.

Per The Kansas City Star, the hospital's lawsuit "asks the judge to deny Bailey's 54 investigative demands for records and testimony despite the hospital facing no allegations of wrongdoing," which includes his request for the "hospital provide records on any prescriptions for hormone blockers as well as surgeries for transgender patients," and data "on when the hospital has reported child abuse."

Furthermore, the lawsuit notes the attorney general's asks are "poorly disguised interrogatories," which have no correlation to gender-affirming care.

AP reports:

Children's Mercy argues in its lawsuit that releasing the information sought by Bailey would violate state and federal laws, including those involving private medical decisions made between patients and doctors.

The hospital also contends Bailey doesn't have the jurisdiction to investigate health care companies and physicians, which are regulated by the Missouri Board of Healing Arts.

Madeline Sieren, Bailey's spokesperson alleges the hospital has not provided "even a single document" to the attorney general's office for transparency, which she believes "is very concerning."

Sieren said, "We look forward to prevailing in this request for information and learning what is truly going on with Children's Mercy in connection with gender transition issues."

Although the Children's Mercy understands Bailey reserves the right "to investigate deceptive business practices under the state's merchandise protection act," hospital officials maintains that "the authority to use the law as an investigative tool has its limits," according to AP.

The lawsuit submits Bailey's request "far exceeds those limits,” noting the institution "cannot in good faith attempt to comply."

Business Insider reports Missouri-based LGBTQ+ advocacy organization, PROMO, said Thursday in response to the attorney general's emergency regulation, "During the first months since being appointed as Missouri's Attorney General, Andrew Bailey has politicized his office by inserting himself into highly coordinated administrative, legislative, and alt-right media-driven attacks on transgender youth."

The Associated Press' full report is available at this link. Business Insider's report is here.

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