The Trump administration is facing growing scrutiny after the Consumer Product Safety Commission (CPSC) directed hospitals to provide detailed emergency room records containing personally identifiable patient information as part of a new national injury surveillance program. The initiative aims to modernize product safety monitoring but has prompted concerns from hospitals, legal experts, and privacy advocates over patient confidentiality and the agency’s legal authority.
According to a report by KFF Health News, the CPSC wants at least 100 hospitals to begin sharing emergency room records by the end of 2026 through a private contractor, marking a significant expansion of the agency’s traditional injury surveillance system.
What Happened
The new Trump hospital records initiative is being led by the Consumer Product Safety Commission (CPSC), the federal agency responsible for monitoring injuries linked to consumer products and issuing product recalls.
Unlike the agency’s long-running National Electronic Injury Surveillance System (NEISS), which primarily collects de-identified injury reports involving consumer products, the proposed system would require participating hospitals to submit identifiable medical records from nearly all emergency room visits.
The information requested includes patients’ names, addresses, diagnoses, and other personal health information. The records would first be processed by Konza Health, a Kansas-based health information exchange organization contracted by the CPSC.
Agency officials have informed hospitals that participation is “mandatory” or “required,” although several legal experts dispute whether the CPSC has the authority to compel hospitals to provide such data.
How the New Surveillance Program Would Work
The CPSC awarded Konza Health a five-year contract worth up to $15.9 million to modernize its injury surveillance program.
Under the proposal, Konza Health would automatically collect electronic health records from participating emergency departments, analyze them using advanced data-processing technology, and provide relevant information to the CPSC.
Although Acting CPSC Chairman Peter Feldman previously highlighted the agency’s investment in AI-enabled injury surveillance, Konza Health said it is currently using advanced analytical parsing rather than artificial intelligence to process hospital records.
The initiative also aligns with broader technology efforts across the administration, including restrictions on advanced AI model access designed to strengthen oversight of sensitive government technologies.
Privacy and Legal Concerns
The proposed Trump hospital records program has drawn criticism from hospitals and health law experts, who question both the legality of the data request and the risks associated with collecting millions of identifiable medical records.
Federal law generally requires agencies to provide public notice and allow public comment before requesting information from 10 or more entities. According to KFF Health News, the CPSC had not completed that process despite planning to enroll at least 100 hospitals.
Several hospitals have also expressed concern that complying with the request could conflict with federal patient privacy protections.
Mass General Brigham declined to participate, citing patient privacy obligations, while Harborview Medical Center in Seattle stated that it has historically shared only de-identified information voluntarily.
Other major health systems, including Henry Ford Health, Sanford Health, and St. Luke’s Health System, confirmed they had been approached but had not agreed to participate.
Critics Say the Data Collection Goes Beyond Product Safety
Experts argue the new surveillance system extends well beyond the CPSC’s traditional mission of monitoring injuries caused by consumer products.
Internal documents reviewed by KFF Health News indicate the requested records could include emergency visits involving broken bones, vaccine reactions, suicide attempts, stingray injuries, and thousands of other medical conditions unrelated to consumer products.
The CPSC’s existing operating manual specifically instructs hospitals not to submit personally identifiable information except in rare follow-up investigations.
Former CPSC Chairman Alexander Hoehn-Saric questioned the legal basis for requiring hospitals to surrender identifiable records from all emergency room visits.
Health law professor Sharona Hoffman of Case Western Reserve University also warned that allowing a private contractor to collect such extensive medical information introduces additional privacy and cybersecurity risks, even if the contractor later removes identifying details before sharing data with the government.
Broader Context
The initiative comes during a period of significant change at the CPSC.
President Donald Trump previously dismissed the agency’s three Democratic commissioners, leaving the traditionally independent commission without its governing board. KFF Health News also reported that nearly one-fifth of the agency’s career workforce departed during the administration’s first 16 months.
The proposed surveillance expansion also follows other administration efforts to obtain broader access to health-related information for research and government operations.
At the same time, the administration continues advancing policies focused on strengthening federal oversight and national security, including new rules affecting foreign journalists seeking U.S. visas.
What Happens Next
The CPSC hopes to have at least 100 hospitals transmitting emergency room records by the end of the year, although participation remains uncertain as hospitals continue evaluating the legal implications.
Healthcare organizations are expected to closely examine whether the agency possesses statutory authority to require participation and whether sharing identifiable patient information complies with federal privacy laws.
As legal and policy questions continue to emerge, the outcome of the Trump hospital records initiative could reshape how federal agencies collect healthcare data while testing the balance between public safety surveillance and patient privacy protections.
The CPSC says the records will modernize its injury surveillance system and improve its ability to identify dangerous consumer products.
Many hospitals and legal experts argue that sharing identifiable patient information could conflict with federal privacy laws and question whether the CPSC has the legal authority to require participation.