Texas Attorney General Ken Paxton has come up with another novel approach, this time involving the issue of gender affirming care for minors. According to reports, Mr. Paxton’s consumer protection division subpoenaed the Seattle Children’s Hospital for records related to gender affirming care for minors from Texas on November 17th. Interestingly, this action pertained to the hospital located in Washington and not Seattle, Texas which incidentally exists.
The demand for information was predicated on the belief that a person, as per the definition stated in the Texas Deceptive Trade Practices Act (DTPA), is involved in an act or practice deemed unlawful by the DTPA. The Attorney General (AG) insisted upon a detailed disclosure of diagnoses, prescriptions, treatment plans, and surgical interventions for minor patients by the doctors at the Seattle hospital. Notably, it should be emphasized that surgical intervention for minors is exceptionally rare.
In response to this, the Seattle Children’s Hospital filed a special appearance on December 7, challenging the AG’s jurisdiction over a medical facility located four states away and approximately 2,000 miles distant.
The hospital acknowledged its business license in Texas and admitted to employing remote workers in Texas, but clarified that its work force in Texas does not provide treatment or support for gender affirming medical services. The hospital argued its immunity from the state’s long-arm statute, citing the absence of a bank account, a place of business or advertisements in Texas.
In the special appearance filed, the hospital described the subpoenas as an unconstitutional attempt to restrict Texas residents from obtaining healthcare in another state. The Seattle Children’s Hospital has pointed to the federal Health Insurance Portability and Accountability Act, as well as Washington state’s own laws, which prevent the kind of disclosure Mr. Paxton is seeking.
Furthermore, Washington’s “Shield Law” prohibits law enforcement officers and court officials within the state from cooperating with subpoenas relevant to abortions and gender-affirming care from states that ban it. The law bars all Washington entities, including the Seattle Children’s Hospital, from complying with such subpoenas or providing information to the so-called “ban states.” In light of these rules, the hospital claims that compliance with such a subpoena would be illegal.
Meanwhile, beyond the action of the consumer protection division, Texas Attorney General Ken Paxton has also taken efforts to characterize gender affirming care as “child abuse,” creating a hostile environment for parents of transgender children. Along similar lines, he has previously threatened non-profit organizations that fund women’s trips out of Texas for access to abortion care.
More on this matter can be read in this post from the Texas Tribune.