Department of Justice Launches Criminal Investigation into Gender-Affirming Care for Minors
NYU Langone received a federal grand jury subpoena from the U.S. Attorney's Office in the Northern District of Texas last week as of May 13, 2026. The subpoena directs the hospital to turn over information on minors who received gender-affirming care between 2020 and 2026. Around 20 hospitals that offer pediatric gender care received administrative subpoenas from the Department of Justice in 2025. New York's shield law requires that institutions attempt to notify patients at least 30 days before providing information.
Grand jury subpoena issuance
▪The U.S. Attorney's Office in the Northern District of Texas sent the subpoena to NYU Langone last week as of May 13, 2026.
▪NYU Langone is the only hospital to publicly announce the receipt of a grand jury subpoena regarding gender-affirming care for minors as of May 13, 2026.
▪The subpoena to NYU Langone directs the hospital to turn over information on minors who received gender-affirming care between 2020 and 2026.
▪Around 20 hospitals that offer pediatric gender care received administrative subpoenas from the Department of Justice in 2025 requesting extensive, identifiable patient records.
Criminal investigation scope
▪The Department of Justice declined to comment on the subpoena to NYU Langone.
▪The Trump administration has asserted the possibility of fraud in relation to the off-label promotion of gender-affirming hormones and puberty blockers.
▪The details of the federal investigation into gender-affirming care for minors have not been made public as of May 13, 2026.
▪The Department of Justice has begun a criminal investigation into the provision of gender-affirming care to minors.
Legal jurisdiction concerns
▪A judge in the Northern District of Texas approved the Department of Justice motion to enforce an administrative subpoena of a Rhode Island hospital within hours in late April 2026.
▪The Rhode Island hospital has appealed the decision to enforce the administrative subpoena and questioned whether the Northern District of Texas is the correct jurisdiction for the case.
▪The Northern District of Texas has been favored by conservative litigants for years.
▪Alejandra Caraballo said that sending a subpoena to New York from a court based in Texas is an instance of judge shopping.
▪The Department of Justice sent a subpoena to NYU Langone in New York from a court based in the Northern District of Texas.
▪Carmel Shachar is director of the Health Law and Policy Clinic at Harvard Law School.
Shield law implications
▪New York's shield law is meant to stop investigations from other states or federal entities into the basic provision of politicized care.
▪New York's shield law requires that institutions attempt to notify patients at least 30 days before providing information in response to judicial requests for information.
▪The subpoena to NYU Langone could serve as a major test of New York's shield law.
Federal court rulings
▪Department of Justice attorney John Bailey said in an April 2026 hearing in a federal court in Boston that ongoing Department of Justice investigations would not be affected even if the judge vacates federal guidance including an executive order and directive from former U.S. Attorney General Pam Bondi.
▪A federal judge in Seattle vacated health secretary Robert F. Kennedy Jr.'s declaration that pediatric gender-affirming care does not meet medical standards of care in spring 2026.
Provider intimidation effects
▪Alejandra Caraballo believes headlines about a potential criminal investigation into gender-affirming care may intimidate doctors into stopping the provision of care.
Perspective of Alejandra Caraballo and critics of the investigation
▪Alejandra Caraballo said that sending a subpoena to New York from a court based in Texas is an instance of judge shopping.
▪Alejandra Caraballo believes headlines about a potential criminal investigation into gender-affirming care may intimidate doctors into stopping the provision of care.
Perspective of Trump administration Department of Justice
▪The Trump administration has asserted the possibility of fraud in relation to the off-label promotion of gender-affirming hormones and puberty blockers.
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