GOP lawmakers want to create a statewide list of trans people based on medical information - LGBTQ Nation

"Gender-affirming care providers would have to report the date on which patients received a "transition procedure," their age and "biological sex," their state and county of residence, their doctor's name and contact information, information on neurological, behavioral, or mental health conditions with which they've been diagnosed, and information about the specific prescription or procedure they received."

"Such requirements likely violate patients' privacy rights under the Health Insurance Portability and Accountability Act (HIPAA). As Vaca notes, the 1996 law explicitly bans providers from disclosing healthcare information "that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual.""

"The bill, similar to one passed in Texas last year and another awaiting Utah governor Spencer Cox's signature, ostensibly requires trans people seeking insurance coverage for gender-affirming care to also purchase coverage for detransition care. As Vaca notes, the burdensome requirement is likely to drive up healthcare costs for trans people in Tennessee."

Tennessee Republicans advanced House Bill 754, which mandates that healthcare providers report comprehensive statistics about gender-affirming care procedures to the state Department of Health for public disclosure. The bill requires reporting patient dates of procedures, ages, biological sex, residence location, provider information, mental health diagnoses, and specific treatments received. Unlike similar laws in Texas and Utah, H.B. 754 includes this public reporting requirement. The bill also requires trans people to purchase detransition care coverage alongside gender-affirming care, increasing healthcare costs. Legal experts argue these reporting requirements likely violate HIPAA, the 1996 federal law prohibiting disclosure of healthcare information that identifies individuals or could reasonably be used for identification.

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