Indiana Planned Parenthood Must Allow State to Access Medical Records of Patients Under Age 14 Seen at Clinics

Main Category: Pediatrics / Children's Health
Article Date: 03 Jun 2005 - 0:00 PST

email to a friend   printer friendly   view / write opinions   rate article

Marion County, Ind, Superior Court Judge Kenneth Johnson on Monday denied a request by... Planned Parenthood of Indiana to prevent Indiana Attorney General Steve Carter (R) from accessing the confidential medical records of low-income patients under age 14 who sought reproductive health services at state family planning clinics, the Indianapolis Star reports (Walton, Indianapolis Star, 6/1). PPI in March filed a lawsuit seeking temporary and permanent injunctions to prevent Carter and the state's Medicaid Fraud Control Unit from searching the records of clients at 40 Planned Parenthood affiliate clinics throughout the state. Carter has said he is using MFCU to subpoena the records to investigate whether family planning clinics are properly reporting cases of rape and molestation for children under age 14, adding that his office is obligated under federal and state laws to investigate allegations of abuse and neglect by any medical clinics that receive Medicaid reimbursement from the state. Federal health privacy laws do not apply to Medicaid fraud or abuse investigations, and facilities that do not cooperate with investigations or release patient records can lose their federal Medicaid funding. As of March, MFCU already had accessed the records of eight clients from clinics in Bloomington, Franklin and Lafayette, and MFCU Director Allen Pope was seeking the records of 73 additional clients at 19 clinics, according to the lawsuit (Kaiser Daily Reproductive Health Report, 3/16).

Ruling
Johnson rejected PPI's claim that the disclosure of patient information in the medical records would have a "chilling effect" on minors seeking reproductive health services in the state, the New York Times reports. "The great public interest in the reporting, investigation and prosecution of child abuse trumps even the patient's interest in privileged communication with her physician because, in the end, both the patient and the state are benefited by the disclosure," Johnson wrote in a 23-page decision (Davey, New York Times, 6/1). He also cited a document signed by PPI stating that the organization would cooperate with state and federal officials' audits and "make available upon demand" any information necessary to "ensure the appropriateness" of Medicaid payments paid to the organization, according to the Star (Indianapolis Star, 6/1).

Reaction, Next Steps
Following the ruling, PPI immediately asked Johnson for a stay in the case, and Ken Falk, an Indiana Civil Liberties Union attorney representing PPI, said the group will appeal to the Indiana Court of Appeals if the request is denied, the AP/Kansas City Star reports (Kusmer, AP/Kansas City Star, 5/31). PPI President and CEO Betty Cockrum said, "This ruling puts all our medical privacy at risk, shaking the very foundation of the doctor-patient relationship that is at the heart of good health care." Falk called the investigation a "fishing expedition" that could discourage some young people from seeking reproductive health services in the state because of privacy concerns (Indianapolis Star, 6/1). State officials said they would not seek any additional records until all appeals have been exhausted, according to the AP/Star. "It would be our intent to wait until the process has worked itself through," Carter spokesperson Staci Schneider said (AP/Kansas City Star, 5/31). Schneider added that the state is "simply pursuing an issue it was required to pursue, the possibility of wrongdoing by a Medicaid provider," according to the Times. "We have a job to do, and we need to investigate alleged wrongdoing," Schneider said, adding, "This is part of the process" (New York Times, 6/1).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Reproductive Health Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/repro The Kaiser Daily Reproductive Health Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.