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Judge Quashes DOJ Push for CHOP Patients’ Identifying Records in Gender-Affirming Care Probe

The decision limits federal access to patient data by finding the requests beyond statutory authority.

Overview

  • U.S. District Judge Mark A. Kearney on Nov. 21 quashed Justice Department subpoenas seeking names, birth dates, Social Security numbers, home addresses, and clinical notes for minors treated at the Children’s Hospital of Philadelphia since January 2020.
  • The court held that the department lacks statutory authority for such sweeping demands and that children’s and families’ heightened privacy interests outweigh investigative needs.
  • CHOP had agreed to provide most non-identifying information but objected to turning over patient identifiers, a position the ruling effectively upheld.
  • The order follows a September decision blocking a similar subpoena to Boston Children’s Hospital, signaling continued judicial scrutiny of efforts to obtain patient-identifying data.
  • The CHOP subpoenas were part of a broader enforcement push launched in July that included more than 20 subpoenas nationwide, as some hospitals curtailed services citing a Trump executive order and major medical groups, including the AMA, defended gender-affirming care.