Trump DOJ criminal subpoena seeks identities of trans youth patients at NYU Langone

Federal attorneys are demanding that a transgender health program in New York City turn over sensitive records concerning youth patients, including medical assessments, intake forms, insurance claims, and “documents sufficient to identify each patient,” according to a subpoena made public this week.

The U.S. Attorney’s Office for the Northern District of Texas subpoenaed NYU Langone Health and other gender-affirming care providers last week, seeking records that are otherwise protected by health privacy laws like the Health Insurance Portability and Accountability Act, or HIPAA. The subpoena has faced strong pushback from local LGBTQ+ activists and legal advocates concerned about patient privacy and government overreach.

NYU Langone released the subpoena in full on Wednesday after notifying patients earlier this week. The document uses loaded and disputed language to describe gender-affirming care, referring to “sex-rejecting procedures” that induce “cross-sex characteristics.”

The scope of the subpoena is staggering. Federal prosecutors demanded the “broadest possible” range of medical records related to gender-affirming care provided to youth since January 2020, including identifying information for patients and the doctors who treated them.

NYU Langone has not responded to multiple requests for comment from The Advocate asking whether it intends to comply with the subpoena, and about the future of its gender-affirming care program. In its Wednesday notification, the hospital reiterated prior statements acknowledging patients' unease about the subpoena.

Related: Trump administration seeks transgender patient records from NYU Langone

“We understand that these developments may be concerning to our patients, providers, and others,” the hospital wrote. “NYU Langone takes the privacy of your protected health information very seriously and we are evaluating our response to the subpoena.”

The subpoena also seeks internal communications about patients, including messages exchanged between physicians, communications with pharmacies, text messages, and even doctors’ digital calendars.

Since President Donald Trump took office, conservative prosecutors and federal officials have repeatedly attempted to obtain records related to gender-affirming care from hospitals across the country, despite repeated court rulings limiting those efforts and other legal setbacks.

Still, mounting legal pressure, plus the Trump administration’s threat to revoke federal funding from gender-affirming care providers outright, has had a chilling effect. Hospitals nationwide have canceled their youth programs, and it is unclear whether most intend to reopen them. NYU Langone halted its youth gender-affirming care program in February.

The Texas attorneys threaten financial penalties and up to 20 years in prison for noncompliance with their subpoena, which includes efforts to “conceal” or “cover up” relevant documents.

Related: New Yorkers urge noncompliance with DOJ’s criminal subpoenas for NYU Langone’s trans medical records

Related: New Jersey races to block red state attacks on reproductive & gender-affirming care providers

However, New York’s “shield laws” prohibit state agencies and officials from cooperating with out-of-state investigations into reproductive or gender-affirming health care that is lawfully provided in the state, according to the office of New York Attorney General Leticia James.

HIPAA also imposes procedural steps before hospitals can hand over patient records in response to subpoenas. Providers are generally expected to notify affected patients and “seek a qualified protective order for the information from the court,” according to the U.S. Department of Health and Human Services website. NYU Langone messaged patients about the records being requested earlier this week.

Still, HIPAA alone does not necessarily prevent disclosure if a subpoena is ultimately deemed legally enforceable. Patients can request to view their records and correct inaccuracies, but hospitals may still be required to provide records under certain circumstances.

As patients wait to hear whether NYU Langone plans to comply, LGBTQ+ activists in New York City are warning that the subpoena could further erode trust in health systems and intensify fear among transgender youth and their families.

The subpoena aims to “intimidate hospitals to eliminate public health care and push trans people out of public life,” said Kei Williams, executive director of a New York City LGBTQ+ advocacy group called the NEW Pride Agenda, during a rally near New York City Hall on Wednesday.

“Trans young people deserve dignity. They deserve privacy,” Williams said. "They deserve safety, and the freedom to access health care without fear that their personal information will be turned over to political actors.”