Indiana
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.
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, “
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.”
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.
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.
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.
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Indiana
Indiana’s first underground cheese cave in St. Joseph County
ST. JOSEPH COUNTY (WSBT) — A unique way to age cheese is happening in St. Joseph county, where Indiana’s first underground cheese cave is located.
A family-owned business called J2K Capraio handcrafts and ages varieties of both goat and cow milk cheese in the underground cave.
Each year, they age thousands of pounds of cheese, Joe Klinedinst is one of the owners overseeing the process.
In Walkerton, the family, we were fortunate enough to build through the help of different mentors throughout the country, but built Indiana’s first underground cheese cave. There we age between 20 and 25 thousand pounds of cheese per year in some years more, said Klinedinst.
The cave is naturally cooled, developing the rind and flavors of the cheese as it ages.
This process can take months or even years.
“In this underground cave it’s naturally cooled you’re getting the flavors of the earth and the natural terrar of our area and we’re able to do cheeses that are aged anywhere from 90 days all the way up to two to three years,” said Klinedinst.
It’s a slightly different process than how cheese is normally aged or made.
So this cave allows you to not have air being blown as in it’s not a walk-in cooler kind of situation, it’s just the natural temperature of the earth which is perfect for the cheese so it ages up more consistent a little bit slower, said Klinedinst.
The method creates a distinct taste in the cave-aged cheeses, retaining flavors from the natural terrain of the area, which is one of the reasons the family chose to build the cave.
And then you also pull the flavors, I know it sounds odd but from the walls in the earth, and as soon as you bite into a cheese that’s been aged in a cave or a different type of facility you know it as soon as you do, and that’s what led us to the cave, said Klinedinst.
The local family owned business has been selling their products in the South Bend area for 20-years.
They started at the South Bend Farmer’s market, but now operate the Artesian deli and cheese stop Oh Mamma’s on the Avenue where they sell these cave-aged cheeses in wheels, half wheels, or small blocks or wedges.
Indiana
Alabama defense gets big boost, has thoughts on facing Indiana’s Heisman winner
Alabama’s defense has a lot on its plate.
There aren’t many weaknesses that pop off the page when studying the Indiana offense they will face in Thursday’s Rose Bowl.
The Crimson Tide will get a boost with the return of a key piece of its front seven, who has been missing the last few weeks. Starting defensive end LT Overton is back at practice after missing the last two games with an undisclosed illness.
“I think it’s a tremendous blessing for our team,” defensive coordinator Kane Wommack said Sunday. “It’s awesome for us. He obviously needs to have a good couple of days here, but he’s certainly on track. To have him in this game, his experience and his excitement of wanting to get back on the field … he’s an ultimate competitor.”
Overton has four sacks — second most on the team — among his 35 tackles this season.
Wommack said Overton’s ability to stay in shape while missing the SEC title game and CFP opener was crucial in his ability to return.
“He looks great now,” Wommack said.
Alabama found success getting to the quarterback in the CFP first-round win over Oklahoma with a season-high five sacks, but Indiana will be a whole different beast. The Hoosiers allow just 1.39 sacks a game in an offense that’s balanced and explosive.
It has Heisman Trophy-winning quarterback Fernando Mendoza and the nation’s No. 10 rushing offense, averaging 221.2 yards per game.
Wommack, previously a linebacker coach and defensive coordinator at Indiana from 2019-20, said this Hoosier offense is as disciplined and as detailed as any offense Alabama’s seen.
“Offensively, I think they’re highly efficient, very explosive,” Wommack said. “That starts with their quarterback. He knows where to go with the ball. He’s very decisive, makes great decisions with the ball and can. Can make all the throws and can make the explosive plays when it matters most … I think their physicality shows up on tape. They play the game physically from an offensive line standpoint.”
The efficiency is clear on paper.
Indiana’s No. 4 nationally in points per play (0.578), No. 6 in yards per play (6.7) and No. 1 in third-down conversions (55.8%).
Cornerback Zabien Brown noted the care Indiana takes with preserving possession.
“Facing an opponent that does a great job of taking care of the ball really puts more stress reading our keys,” Brown said, “and trusting being able to pull the trigger and make plays in that smaller margin when opportunities pop up.
The Hoosiers’ eight turnovers in 13 games are tied for the third fewest in the nation. That includes just one lost fumble that occurred in the season opener, Aug. 30, in a win over Old Dominion.
Alabama has 20 takeaways, the 32nd most, with 11 interceptions and nine fumble recoveries.
Facing Mendoza in the first game since winning the Heisman Trophy sounds like a motivating factor in Tuscaloosa.
“He’s a man, just like me,” defensive lineman Tim Keenan said. “But he’s a great Heisman winner. He put himself in the position to get the accolades, so we’re going to make sure we do what we need to do to play our game.”
Brown, who intercepted a pass at Oklahoma and returned it for a touchdown, said Mendoza “is definitely the best quarterback we’ve faced all year.”
And Keon Sabb, an Alabama safety, was brief in his remarks when asked about Mendoza.
“He’s a really good player, whether he won the Heisman or not,” Sabb said. “Congrats to him for winning that, but we’re going to play our game.”
Alabama and Indiana kick off in the Rose Bowl quarterfinal at 3 p.m. CT Thursday in Pasadena. The winner advances to the Peach Bowl semifinal on Jan. 9 in Atlanta.
Indiana
Indiana visits Houston on 4-game road skid
Indiana Pacers (6-26, 15th in the Eastern Conference) vs. Houston Rockets (19-10, fourth in the Western Conference)
Houston; Monday, 8 p.m. EST
BOTTOM LINE: Indiana visits Houston looking to stop its four-game road skid.
The Rockets are 9-2 on their home court. Houston is 8-1 when it wins the turnover battle and averages 15.1 turnovers per game.
The Pacers are 1-14 in road games. Indiana gives up 119.2 points to opponents and has been outscored by 9.4 points per game.
The Rockets are shooting 48.9% from the field this season, 0.9 percentage points higher than the 48.0% the Pacers allow to opponents. The Pacers’ 43.3% shooting percentage from the field this season is 2.9 percentage points lower than the Rockets have given up to their opponents (46.2%).
TOP PERFORMERS: Alperen Sengun is averaging 22.7 points, 9.4 rebounds, 6.8 assists and 1.5 steals for the Rockets. Kevin Durant is averaging 30 points and seven assists over the past 10 games.
Pascal Siakam is averaging 23.4 points, 6.8 rebounds and 3.8 assists for the Pacers. Bennedict Mathurin is averaging 25.0 points over the last 10 games.
LAST 10 GAMES: Rockets: 5-5, averaging 117.7 points, 46.7 rebounds, 26.3 assists, 8.1 steals and 6.2 blocks per game while shooting 50.2% from the field. Their opponents have averaged 114.4 points per game.
Pacers: 2-8, averaging 107.9 points, 41.3 rebounds, 24.3 assists, 7.3 steals and 5.1 blocks per game while shooting 44.1% from the field. Their opponents have averaged 117.1 points.
INJURIES: Rockets: Alperen Sengun: day to day (calf), Fred VanVleet: out for season (acl).
Pacers: Obi Toppin: out (foot), Ben Sheppard: day to day (calf), Isaiah Jackson: day to day (concussion), Tyrese Haliburton: out for season (achilles), T.J. McConnell: day to day (hamstring).
——
The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.
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