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Tuesday, April 19, 2005

Ind. Law - Battle over medical files goes to court

"Battle over medical files goes to court" is the headline to a front page story today by Dick Walton in the Indianapolis Star. Some quotes:

The clash between the state's duty to protect children from abuse and a patient's right to privacy moved to a Marion County courtroom Monday, drawing Indiana into a national debate on government access to medical records.

Planned Parenthood of Indiana filed suit last month to block the Indiana attorney general from obtaining documents concerning patients younger than 14.

Deputy Attorney General Thomas Fisher argued Monday that his office needs those records to make sure those patients have not been abused. In Indiana, children younger than 14 who have had sex are considered victims of sex crimes. The state says clinics have an obligation under the law to report any such mistreatment they discover.

"Children are best served by disclosure," Fisher told Marion Superior Court Judge Kenneth Johnson as the case had its first court airing.

But Kenneth Falk, the attorney representing Planned Parenthood, said the state's request would have a chilling effect on minors' willingness to seek reproductive health care.

"These are extraordinarily private records of extraordinarily sensitive persons," Falk said before the hearing. * * *

Falk, who is legal director of the Indiana Civil Liberties Union, said his research into Medicaid fraud units in other states found no precedent for seizing medical records in what he has called this kind of "fishing" expedition.

Falk said that besides violating citizens' right to privacy, the records the government seeks would shed little light on whether Planned Parenthood is reporting cases to Child Protection Services or to law enforcement. State law, Falk says, requires only that a report of suspected abuse be made -- not that it be made in writing.

He argued that if the state is permitted to proceed with seizing medical records, any physician who treats young Medicaid patients could be subject to the same treatment.

"This is not a case about child abuse," Falk said. "It's a case about keeping government within its boundaries."

A sidebar to the story lists earlier efforts, in the states of Texas and Kansas, and on the federal level by then-Attorney General John Ashcroft.

Earlier ILB entries include this one from March 24th titled "Local dispute over patient records makes national news."

Posted by Marcia Oddi on April 19, 2005 09:13 AM
Posted to Indiana Law