DOJ Withdraws Subpoena for Transgender Youth Medical Records

The U.S. Department of Justice (DOJ) has withdrawn its subpoena seeking the medical records of over 3,000 transgender youth treated at Children’s Hospital Los Angeles (CHLA). This decision comes alongside a settlement agreement reached with affected patients and their families, as detailed in court documents filed on November 2, 2023.

The subpoena, issued during the summer, aimed to access sensitive medical records related to minors’ gender-affirming care, including mental health treatment notes and prescribing information. This move was part of a broader investigation initiated by the Trump administration, which sought to determine potential violations of the Federal Food, Drug, and Cosmetic Act and other related offenses. Over 20 subpoenas were sent to various medical providers across the country as the DOJ examined the legality of administering puberty blockers and hormones to minors.

In response to the subpoena, parents of six children who received care at CHLA filed a lawsuit in November, arguing that the demand infringed upon patients’ constitutional right to privacy and overstepped the government’s authority.

“This is a massive victory for every family that refused to be intimidated into backing down,” stated Khadijah Silver, director of Gender Justice & Health Equity at Lawyers for Good Government, which assisted in the lawsuit. Silver emphasized that the government’s attempt to access children’s medical records was unconstitutional. The settlement not only affirms this stance but also protects the anonymity of the families involved.

Cori Racela, executive director for the Western Center on Law & Poverty, noted the importance of the settlement in reinforcing that healthcare decisions should remain private. “Youth, families, and medical providers have constitutional rights to privacy and dignity,” Racela said. “No one’s private health records should be turned into political ammunition—especially children.”

The legality of gender-affirming care has been supported by numerous major medical organizations, including the American Medical Association, the American Academy of Pediatrics, and the Endocrine Society. Legal experts and medical professionals have largely dismissed the investigation’s underlying premise as unfounded.

In June 2023, CHLA announced the closure of its Center for Transyouth Health and Development and Gender-Affirming Care surgical program, citing challenges in the shifting policy landscape. The Trump administration had previously signed an executive order affecting the provision of gender-affirming care to minors, warning of severe consequences for hospitals that continued such services. These consequences included the potential termination of federal funding and exclusion from the Medicaid and Medi-Cal programs.

As of now, the DOJ has not responded to requests for further comments on this settlement and its implications. The withdrawal of the subpoena marks a significant shift in the approach to healthcare privacy for transgender youth, affirming the rights of families seeking necessary medical care without government interference.