Re: Kansas Attorney General Seeks Records of Late-Term Abortions
From: ainsron (ainsron@sbcglobal.net)
Thu Feb 24 15:06:28 2005
Doesn't HIPAA apply only to release of personal health information used for
treatment, payment or healthcare operations? If the attorney general issues
a legal subpoena and it is upheld by the courts, one has to comply or face
legal sanctions. If you have the time and money, you can pursue it to the
Supreme Court, but it is tough as an individual or organization with limited
funds to fight the government which has unlimited funds.
Ronald E. Ainsworth
-----Original Message-----
From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of art
fougner, md
Sent: Thursday, February 24, 2005 1:28 PM
To: Multiple recipients of list OB-GYN-L
Subject: Re: Kansas Attorney General Seeks Records of Late-Term Abortions
quick question - HIPAA allows this?
art
At Thu, 24 Feb 2005, φΉ@?wHenry Gregor wrote:
>
>.
>
>NY Times
>
>http://www.nytimes.com/aponline/national/AP-Abortion-Investigation.html
>
>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
