Connect with us

Indiana

Indiana Department of Health seeks dismissal of abortion records lawsuit • Indiana Capital Chronicle

Published

on

Indiana Department of Health seeks dismissal of abortion records lawsuit • Indiana Capital Chronicle


The Indiana Department of Health is seeking to dismiss a lawsuit against the agency that was filed by an anti-abortion group over related records.

The lawsuit in question was filed in May by “Voices for Life,” which seeks to regain access to Terminated Pregnancy Reports (TPRs) that are no longer being released by the state health department.

Legal counsel for IDOH filed a motion to dismiss on June 21, maintaining that Voices for Life “fails to state a claim upon which relief can be granted.” The anti-abortion group has until July 23 to file its response.

Story continues below.

Advertisement

Memo in Support of MTD

 

Ryan Shouse, an attorney with Indianapolis-based Lewis and Wilkins LLP, emphasized in the motion that, “as a matter of law” TPRs are “confidential” under Indiana’s Access to Public Records Act, also known as APRA.

“APRA grants any person the right to inspect and copy IDOH’ s public records,” Shouse wrote, noting, however, that APRA contains exemptions.

He pointed to the law, which states that, “

Advertisement

atient medical records and charts created by a provider” are “excepted from [the general rule of disclosure] and may not be disclosed by a public agency, unless access to the records is specifically required by a state or federal statute or is ordered by a court under the rules of discovery …. “

IDOH pushes for dismissal

Shouse additionally argues that TPRs maintained by IDOH meet the statutory definition of “medical records” — therefore making them exempt from APRA. 

Per Indiana Code, “medical records” contain three elements: written or printed information; are in the possession of a provider; and concern a patient’s diagnosis, treatment or prognosis.

Shouse said TPRs meet all three requirements. His motion points out that Indiana Code specifically requires:

  • the diagnosis code for fetus and mother for abortions performed prior to 20 weeks
  • the medical reason for an abortion
  • gestational age and the information used to determine gestational age
  • results of pathological testing, if it is performed
  • any disability diagnosis of the fetus
  • pre-existing medical conditions of the mother, and 
  • the mother’s obstetrical history

In addition, the statute requires specifics about the procedure itself, such as the precise medications used for nonsurgical abortions.

“This is patient-specific medical information that is used for the diagnosis and treatment of the individual patient,” Shouse said. “In short, TPRs squarely meet Indiana’s definition of a ‘medical record’ because they are written records created and maintained by a provider that contain individualized patient diagnosis and treatment information. Applying this straightforward definition, IDOH properly withheld TPRs pursuant to the medical record exception in APRA.”

Advertisement

Background on the lawsuit

IDOH and Dr. Lindsay Weaver, the state health commissioner, are currently represented by Indianapolis-based Lewis and Wilkins LLP, rather than in-house attorneys from Indiana Attorney General Todd Rokita’s office.

The South Bend-based “Voices for Life” group is suing the IDOH after it stopped releasing individual TPRs, while still compiling statewide public data quarterly. The change in procedure went into effect in December.

AG denies Indiana Department of Health request for outside counsel in abortion records lawsuit

Before then, the reports — while redacted — were regularly released under Indiana’s Access to Public Records Act.

The lawsuit, filed in Marion County Superior Court, came just weeks after Rokita called out IDOH and Indiana’s Public Access Counselor for “collusion” and issued a non-binding advisory opinion saying TPRs are public records.

Advertisement

In the past, anti-abortion groups have used the reports to file medical licensing complaints against specific doctors for procedural issues, such as filing a TPR late.

The state health department changed its policy after Indiana’s new, near-total abortion ban went into effect, which meant providers performed far fewer abortions. State health officials were worried that information on the report could indirectly identify the women getting the procedure and sought a ruling from Indiana Public Access Counselor Luke Britt.

Britt agreed that the report could be “reverse engineered to identify patients — especially in smaller communities.” 

He found the required quarterly reports of aggregate data should suffice in terms of satisfying any disclosure and transparency considerations. Britt additionally said the records, created by doctors, fall under the provider-patient relationship as medical records.

Britt’s ruling isn’t binding, either.

Advertisement

So far, no court dates have been set in the TPR case. After Voices for Life files its response, it will be up to the judge to decide on the motion to dismiss.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

Advertisement



Source link

Indiana

Person injured in electrical fire at Avon home

Published

on

Person injured in electrical fire at Avon home


AVON, Ind. (WISH) — A person was injured while performing electrical work Saturday afternoon at a home in Avon, a deputy fire chief said.

The department shortly before 3:05 p.m. Saturday was called to a house fire with entrapment in the 7300 block of Woodside Drive. That’s in the Park Place subdivision northeast of the intersection of U.S. 36/Rockville Road and Hendricks County Road 700 East/North Avon Avenue.

Deputy Chief Robert Phipps of the Avon Fire Department said the person slightly injured a hand.

Phipps said the fire was out on arrival, and no one was trapped.

Advertisement

No other details on the fire were immediately available.



Source link

Continue Reading

Indiana

Rapid Reaction: Indiana stomps Northwestern 9-2 at Wrigley Field

Published

on

Rapid Reaction: Indiana stomps Northwestern 9-2 at Wrigley Field


Northwestern baseball’s cherished tradition of playing at Wrigley Field filled the dugout and the stands with joy and humility. But it did not deliver a win this year, as Indiana (21-25, 7-15 B1G) used two offensive spurts and stifling pitching to outlast the Wildcats (17-25-1, 5-17 B1G) 9-2 on Friday night.



Source link

Advertisement
Continue Reading

Indiana

Threats of violence reported at 2 central Indiana schools, police investigating

Published

on

Threats of violence reported at 2 central Indiana schools, police investigating


INDIANAPOLIS — Police are investigating at two central Indiana schools on Friday after reported threats of violence.

Avon High School

According to an alert from Avon High School, the school was placed on a lockdown around 2:14 p.m.

Officials said the lockdown was lifted and the school campus is currently under a ‘secure the building’ status after an anonymous call.

Advertisement

Provided

The following alert was sent out to students and staff of Avon High School on Friday.

The alert said the call referenced threats outside of the building, and the interior of the school was not threatened.

A sweep of both the interior and exterior of the school found no threats.

All students are safe, and they will remain in classrooms until early dismissal, officials said.

Traffic is currently being blocked from entering the campus until an investigation is completed.

Advertisement

The Avon School Police Department said the incident will now be investigated by Federal authorities.

Zionsville High School

There were also reports of a police presence at Zionsville High School on Friday.

According to Superintendent Dr. Rebecca Coffman, a call indicating a bomb threat was received around 2 p.m.

Law enforcement immediately responded to assess the threat and found it to be non-credible.

Advertisement

All students were reported to be safe. Students will be released following normal protocols this afternoon.

An investigation is ongoing, Zionsville PD told WRTV.

WRTV has a crew at both scenes.

This story will be updated as more information becomes available.





Source link

Advertisement
Continue Reading
Advertisement

Trending