Hospitals must comply with probes into trans care for minors under new guidance

The Trump administration has made a significant move by rescinding a directive put in place by the Biden administration that provided protections for hospitals from investigations. This directive also signaled that there would be enhanced protections for medical whistleblowers in the future.

The Health and Human Services Department (HHS) announced the rescission of an executive order issued by former President Joe Biden in March 2022. This order allowed hospitals to refuse to comply with state-level investigations related to their provision of transgender medical treatments to minors. The new directive from Trump eliminates these protections and hints at additional safeguards for medical whistleblowers.

Dr. Eithan Haim, who faced prosecution by the Biden administration for leaking documents exposing Texas Children’s Hospital for continuing transgender medical procedures on minors, welcomed the change. He criticized the previous administration for protecting criminal entities while targeting individuals who exposed wrongdoing.

Under Biden’s directive, hospitals had the option to comply with investigations related to transgender treatments, but the guidance lacked a solid legal basis under federal privacy laws. The rescission notice from HHS emphasized the need for new guidance to protect whistleblowers who take action in accordance with Trump’s efforts to safeguard children from harmful medical practices.

The new directive is seen as a step towards restoring equal protection under the law, especially for healthcare providers who witness misconduct or harm to patients, particularly children. The Trump administration’s focus on holding hospitals and gender clinics accountable for their actions is evident in the removal of gender dysphoria as a disability under federal laws and the reversal of orders that deemed it discriminatory to refuse treatment based on gender identity.

Overall, the Trump administration’s move to rescind the Biden-era directive and prioritize the protection of medical whistleblowers is a significant shift in healthcare policy. It underscores the importance of transparency and accountability in the medical field, ensuring that patients, especially vulnerable populations like minors, are not subjected to harmful practices.