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Senate Cmte Report Accuses Some State A.G.'s of Abusive Violation of Patient's Rights


Carolyn Marie

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https://www.nbcnews.com/nbc-out/out-news/several-attorneys-general-made-abusive-legal-demands-get-trans-patient-rcna147910

 

 

This is a complex issue and I'm no expert, but the actions of these GOP Attorney's General don't pass the smell test.  Their motivations and actions are highly suspect and they lack any credibility.  What else is new, right?  I guess it will all come out in the inevitable court fight.

 

Carolyn Marie

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There is no question that what is going on is abusive, and an overreach of authority with regard to going after medical records. Where things get a little dodgy, The Health Information Portability and Accountability Act includes clauses that permit a healthcare entity to disclose information relevant to a criminal investigation. It is not a carte blanche offering of the entire medical record. It will be interesting as the attorneys general in a number of R states have tried to criminalize our treatment, especially kids. As such, it will be interesting if they will be permitted to engage in these fishing expeditions.

 

These AGs are so convinced that their fantasies of transitioning kids are being held hostage and forced to transition, are being done to punish the kids. I am fed up with their overreach of authority. Unfortunately some supremely elevated jurists seem to be somewhat polarized and are supporting their R associates no matter what the science says. It is truly sad.

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It's (questionably) legal terrorism, in my opinion, to scare people out of transitioning.  But that is the goal, isn't it, to eradicate transgender people.

They know what they're doing, and so do we.

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I am a little different in my angle of approach on this one, but my skepticism on the "Phishing Trips" the AG's are taking is that they have gone into these investigations with the idea that illegal actions are occurring regularly.  They are going in on the information of unharmed third parties who have imagined fantastic "theories and plots of harm".  What is going to happen when the institutions turn over information that has NONE of this fantasy outcome in it.  Proof of a negative is impossible under standard logic and even most Laws of Evidence.  Just because the records do not show it happened will not in their minds equate to harm not having happened, just that someone is lying to them or covering up something that they know from their personal fantasies.  The problem is that they have made a public face of wisdom and social courage against the fantastic, they have their "glorious Quest"" and like Don Quixote will be tearing up windmills looking to justify their private images.

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Well, HIPAA is basically useless for keeping government out of your medical stuff.  It doesn't seem to prevent employers from making workplace medical demands either.  About the only thing it seems to do is keep somebody's sister or spouse from having the tools necessary to help you when you're in trouble.  As usual, government made things worse and added unhelpful red tape.  I really doubt HIPAA will be any use in the area of trans rights either. 

 

Honestly, I don't see anything good will come of this no matter how it goes.  If some state AG's win on this, it will cause issues for trans folks.  If the Feds win on this, it'll be a precedent to stomp on states' rights even more than has already been done.  And I'm not sure which way things go will make a difference when it comes to officials from one state trying to do nasty things to people who have left that state and gone elsewhere. 

 

What a crap sandwich... and no matter which plate it gets served on, "We The People" get to eat it. 

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