Manatt Files Amicus Brief on Behalf of Rhode Island Medical Society in First Circuit Appeal Involving Patient Privacy and Physician Free Speech

Manatt filed an amicus brief in the U.S. Court of Appeals for the First Circuit on behalf of the Rhode Island Medical Society (RIMS) in support of the petitioner-appellee and affirmance of a district court order quashing a federal administrative subpoena seeking sensitive patient records from Rhode Island Hospital. The case, In re: Motion to Quash Administrative Subpoena to Rhode Island Hospital, arises from a U.S. Department of Justice investigation seeking records related to the provision of gender-affirming care to minors.

The subpoena sought extensive patient-identifying information, including names, Social Security numbers, addresses, diagnoses, clinical assessments and informed-consent records relating to minor patients who received certain treatments over more than five years. The Rhode Island Child Advocate and Rhode Island Hospital challenged the subpoena, arguing that it lacked a lawful basis and threatened significant privacy interests.

In May 2026, the U.S. District Court for the District of Rhode Island granted motions to quash the subpoena, concluding that the subpoena lacked a congressionally authorized purpose, was issued for an improper purpose, and sought records protected by minors' constitutional privacy rights. The court also enjoined the Government from obtaining or using patient-identifying information responsive to the subpoena. The Government appealed the order to the First Circuit.

In its amicus brief, RIMS argues that improper government demands for patient records burden physicians' First Amendment rights by chilling protected patient-physician communications and professional medical judgment. The brief further explains that patient confidentiality is foundational to effective medical care and that allowing government access to sensitive medical records without a proper purpose undermines trust in both physicians and the broader health care system—far beyond the circumstances of this case. RIMS emphasizes the negative consequences for patients’ health that can result when patients fear disclosure of confidential medical information, including reduced candor with physicians, delayed treatment and diminished access to care.

The Manatt team included Partner and Associates and .

Read the full amicus brief .