Fight over trans medical care is at the core of leaked Houston health records case

HOUSTON, Texas — Last year, as the Texas Legislature debated banning the use of puberty blockers and hormone treatments for transgender children, a Houston doctor breached Texas Children’s Hospital’s records, the largest pediatric hospital in the country.

Dr. Eithan Haim, a former hospital employee, allegedly accessed personal information of underage patients not under his care and leaked it to a conservative activist, as court documents reveal.

The activists published the information, sparking conservative outrage. Texas Attorney General Ken Paxton initiated an investigation, and the Legislature swiftly passed the ban.

Over a year later, federal prosecutors have charged Haim with violating patient privacy laws.

These actions and subsequent indictment have placed Haim at the center of a deeply emotional and divisive issue in Texas politics. Prosecutors accuse him of providing misleading information to damage the hospital’s reputation and advance his personal agenda. The Texas GOP supports him.

Trans rights advocates view the case as an example of how conservative rhetoric has endangered Texas families with transgender children. They see the recent legislation targeting LGBTQ individuals as part of a broader effort in conservative states to stigmatize and punish the LGBTQ community, significantly impacting thousands of families.

Conversely, Haim is celebrated by conservatives as a martyr, seen as a victim of political persecution. On conservative podcasts and elsewhere, they label transition-related care for children as child abuse, condemning the doctors and parents involved.

Supporters have raised nearly $1 million for Haim’s defense, and he is represented by Ryan Patrick, a former U.S. attorney under the Trump administration and son of Lt. Gov. Dan Patrick.

Haim, who has pleaded not guilty, maintains his actions were to expose the hospital’s transgender care program.

“I have done nothing wrong,” Haim said outside the courthouse, as reported by The Houston Chronicle. “We will fight this to stand up for whistleblowers everywhere.”

Haim, released on a $10,000 bond, faces up to 10 years in federal prison and a maximum fine of $250,000. He argues that he did not break the law, as the documents were redacted and “no personally identifiable patient health information was disclosed.”

Transition-related care encompasses a range of treatments, from social steps like adopting new pronouns to medical interventions such as puberty blockers, hormone therapy, and, rarely, surgeries for children. These treatments address gender dysphoria, distress from a misalignment between one’s gender identity and birth-assigned sex. The American Medical Association supports such care as essential for the well-being of transgender youth.

Concerns about transition-related health care for children gained momentum in Texas in February 2022, when Gov. Greg Abbott directed the Texas Department of Family and Protective Services to investigate such care as child abuse.

Texas Children’s Hospital subsequently paused prescribing hormone therapies for transgender kids to “safeguard our health care professionals and impacted families from potential legal ramifications.”

Later, a state supreme court ruling allowed DFPS to conduct such investigations but clarified that the governor’s directive was not legally binding.

Haim claimed the hospital continued these practices secretly. Prosecutors noted that Haim, trained on health privacy regulations and reporting misconduct, did not report concerns to supervisors or hotlines but instead leaked redacted records to conservative activist Christopher F. Rufo, who published an article in May 2023.

At the time of the leak, these treatments were not yet illegal in Texas.

Equality Texas spokesperson Johnathan Gooch emphasized that disclosing patient information without consent is always wrong and endangers families, especially in a polarized environment.

However, Haim’s supporters argue he courageously exposed misconduct.

In a letter to the prosecutor, Sen. Ted Cruz criticized what he called “selective prosecution and the weaponization of the Department of Justice against political opponents.”

Rep. Chip Roy sent a letter to Attorney General Merrick Garland, suggesting misuse of law enforcement to target detractors and requesting information for the House Judiciary Committee. Rep. Dan Crenshaw supported Haim, stating he did nothing wrong.

Two Republican state lawmakers, Rep. Brian Harrison and Sen. Mayes Middleton, criticized the alleged use of Medicaid funds for these treatments in a letter lauding Haim and accusing the hospital of child abuse.

Harrison told The Texas Tribune that support for Haim reflects Texas’ efforts to protect children, a sentiment driving recent anti-LGBTQ+ legislation.

After his indictment, Haim was celebrated by far-right websites and forums. Rufo described him as a “whistleblower.”

“If Haim prevails, other courageous doctors and medical professionals will follow his lead and speak out,” Rufo wrote.

Prosecutors, however, questioned Haim’s motives, arguing he committed “malicious harm” to the hospital and its patients, causing “financial loss, medical delays…as well as threats and harm to its patients and esteemed physicians.”

Opponents of the state’s crackdown on transition-related care are concerned about the political support for Haim.

Gooch noted a “direct connection” between Texas politicians’ rhetoric and the experiences of trans people in the state, with many families relocating to continue providing necessary health care.