Re: Kansas Attorney General Seeks Records of Late-Term Abortions
From: art fougner, md (evsono@pipeline.com)
Thu Feb 24 14:27:02 2005
quick question - HIPAA allows this?
art
At Thu, 24 Feb 2005, φΉ@?wHenry Gregor wrote:
>
>.
>
>NY Times
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>http://www.nytimes.com/aponline/national/AP-Abortion-Investigation.html
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>Kansas Attorney General Seeks Records of Late-Term Abortions
>
>February 24, 2005
>
>TOPEKA, Kan. (AP) -- Attorney General Phill Kline is seeking the complete
>medical records of nearly 90 women who received late-term abortions to search
>for evidence of crimes, according to court documents.
>
>The secret investigation began in October, according to written legal arguments
>filed Tuesday by two medical clinics that are opposing Kline's effort. They are
>asking the Kansas Supreme Court to intercede, saying if it doesn't, ``a woman
>who exercised her constitutional right to privacy'' could find government
>agents knocking at her door.
>
>Kline, an abortion opponent, scheduled a news conference for Thursday afternoon,
>and his office said he would discuss ``questions raised relating to child rape
>and abortion in Kansas.''
>
>The clinics' brief said Kline had demanded their complete, unedited medical
>records for women who sought abortions at least 22 weeks into their
>pregnancies. Court papers did not identify the clinics.
>
>The records would include the patient's name, medical history, details of her
>sex life, birth control practices and psychological profile. The clinics, who
>say nearly 90 women would be affected, are offering to provide records with
>some key information, including names, edited out.
>
>"These women's rights will be sacrificed if this fishing expedition is not
>halted or narrowed," the clinics' brief said.
>
>On Oct. 21, Shawnee County District Judge Richard Anderson ruled that Kline
>could have the files. The clinics then appealed. The clinics' appeal is on an
>expedited schedule, said Ron Keefover, the Supreme Court's spokesman.
>
>The clinics filed their request with the Supreme Court in October and outlined
>their legal arguments in a brief filed Tuesday. Though other documents in the
>case remain sealed, the brief filed Tuesday was not. The Wichita Eagle
>disclosed Kline's investigation in a story published Thursday.
>
>In their brief, the clinics' attorneys said a gag order prevents the clinics
>from even disclosing to patients that their records are being sought. Attorneys
>declined to comment Thursday, citing the order.
>
>"You can see our desire to discuss as much as possible, but we feel
>constrained," said Wichita attorney Lee Thompson, who is representing one of
>the two clinics.
>
>Thompson declined to say if his client was Dr. George Tiller, whose Wichita
>clinic is known as a provider of late-term abortions and is a frequent target
>of abortion opponents.
>
>Kline began pushing in June 2003 to require health care professionals to report
>underage sexual activity. He contends state law requires such reporting because
>sex involving someone under 16 is illegal in Kansas, whatever the
>circumstances.
>
>But after several health care providers sued, a federal judge issued a temporary
>restraining order, citing the confidential patient-doctor privilege. The case is
>still pending.
>
>----
>
>On the Net:
>
>Kansas attorney general: http://www.accesskansas.org/ksag/
>
>Kansas Supreme Court: http://www.kscourts.org
--
art fougner, md
"If you don't know where you are going, you will wind up somewhere else."
Lawrence Peter Berra
