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Friday, September 22, 2006

Ind. Decisions - More on the Planned Parenthood records decision [Updated]

Here is some background to the Planned Parenthood of Indiana v. Steve Carter and Allen K. Pope case decided today by the Court of Appeals.

From March 25, 2005, an ILB entry quoting an Indianapolis Star story:

Attorney General Steve Carter is demanding the medical records of 73 low-income patients from Planned Parenthood of Indiana as part of an investigation that critics say tramples on Hoosiers' privacy rights.

Planned Parenthood filed a lawsuit Monday in Marion Superior Court to prevent Carter's Medicaid fraud unit from seizing confidential medical records of patients under the age of 14 who sought reproductive health care from its clinics.

From an April 19, 2005 ILB entry quoting a Star story:
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.

Here is a Dec. 15, 2005 ILB entry headed "Court of Appeals hears oral arguments in Planned Parenthood of Indiana v. Steve Carter, et al." A link to the oral argument is included.

From Feb. 4, 2006, an entry headed "More on: Kansas Supreme Court rules in favor of privacy of abortion patients." See also this entry from Feb. 3, 2006.

From June 22, 2006, an entry headed "Cincinnati judge orders Planned Parenthood to turn over records."

[Updated at 12:50 pm] Deanna Martin has this AP coverage of the Planned Parenthood opinion. Some quotes:

The Medicaid fraud unit argued that it wanted the records to determine whether minors were victims of child abuse or neglect. But the court doubted whether the unit needed Planned Parenthood's records.

"There are less intrusive means by which the IMFCU may determine whether PPI's minor patients were the victims of child abuse or neglect and whether PPI fulfilled its statutory duty to report," wrote Judge Terry Crone.

However, the court said that the fraud unit may still refer any neglect complaint to the appropriate authorities. The unit also could issue a subpoena for the medical records, although such a subpoena could be changed or suppressed because of privacy concerns, the court said.

Judge Michael Barnes wrote a separate concurring opinion to emphasize his believe that any subpoena for records would have to meet strict standards.

"I am skeptical that any subpoena would be sufficiently limited in scope and relevant in purpose to a valid criminal investigation," he wrote.

Richard D. Walton of the Indianapolis Star has this brief story posted about an hour ago:
The Indiana Court of Appeals today reversed a trial court’s decision affirming the right of state investigators to seize medical records of young patients at Planned Parenthood of Indiana clinics.

While ruling that the Indiana Medicaid Fraud Control Unit has a responsibility to investigate whether underage girls were victims of child abuse when they engaged in sex, the judges also found the patients have a Constitutional right to privacy.

“We acknowledge the significant public interest in investigating complaints of patient neglect…but granting (the unit’s) demand for unlimited access to PPI”s minor patients’ medical records is neither the only, nor the most effective, nor the least intrusive means of serving those interests,” the decision says.

The appellate judges remanded the case back to Marion Superior Court and ordered the court to enter a preliminary injunction against the state’s demand for unlimited access to the records.

Meanwhile, the state must deliver any records seized to the trial court, where the documents will remain under seal pending resolution of Planned Parenthood’s privacy claim.

Posted by Marcia Oddi on September 22, 2006 10:46 AM
Posted to Ind. App.Ct. Decisions