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Med Mal News
Indiana Attorney General Asks for Planned Parenthood Records
Echoing the controversy ignited recently when a Kansas prosecutor's attempt to gain access to abortion clinic records caused public outcry over patient privacy rights, Indiana Planned Parenthood went to court in March seeking temporary and permanent injunctions to prevent Indiana Attorney General Steve Carter from obtaining the confidential medical records of girls under the age of 14 who sought treatment at state family planning clinics. Carter, like Kansas' Attorney General Phill Kline before him, claims his purpose in seeking the records is merely to fulfill his duty to prosecute crimes such as rape and child molestation.
The legal mechanism being used by the Attorney General to access these private records is Medicaid law, which permits greater disclosure of private medical information than federal privacy laws that would normally allow if the records are needed for investigation of Medicaid fraud and abuse. Carter has already obtained similar records from three clinics and is attempting to access records from several other clinics. The Planned Parenthood lawsuit asks the court not only to enjoin the Attorney General from accessing any more records records, but also to order the return of records already taken.
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