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
Winning numbers drawn in Saturday’s Indiana Hoosier Lotto Plus
The winning numbers in Saturday’s drawing of the “Indiana Hoosier Lotto Plus” game were:
17, 21, 23, 27, 29, 46
(seventeen, twenty-one, twenty-three, twenty-seven, twenty-nine, forty-six)
For more lottery results, go to Jackpot.com | Order Lottery Tickets
Indiana
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.
No other details on the fire were immediately available.
Indiana
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.
The fourth annual ‘Cats Classic unfolded under a fading sunset on a brisk 43-degree evening. The chilly weather did not deter fans from making the trip to Wrigleyville. A flurry of spectators dressed in purple sweaters and beanies lined the third-base side, while the Hoosiers countered with supporters of their own bearing red attire along the first-base line.
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Ryan Weaver got the start for Northwestern, pitching five innings where he ceded six hits and five runs while striking out six. Sam Hliboki pitched two scoreless innings in relief.
Meanwhile, Indiana’s starter Tony Neubeck pitched a six-inning shutout, walking four ‘Cats while striking out seven.
The Hoosiers’ offense jumped on Weaver early. Indiana’s Hogan Denny knocked a leadoff double in the top of the first before Jake Hanley singled to right field, where Jackson Freeman played the ball cleanly to hold Denny at third.
With runners at the corners and nobody out, a sacrifice fly from Owen ten Oever brought Denny home for the game’s first run. Weaver buckled down afterwards, securing a strikeout and flyout to hold Indiana’s lead at 1-0.
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NU’s lone baserunner in the bottom of the first was Ryan Kucherak, who reached on a throwing error by shortstop Cooper Malamazian. Aside from that, the ‘Cats went quietly.
In the top half of the second frame, the leadoff runner again reached base off Weaver and advanced to third on two sacrifice groundouts. Weaver recorded a clutch strikeout to strand Landen Fry at third.
With two outs and nobody on in the second inning, Freeman recorded NU’s first hit of the game and de Groot drew a walk to put Freeman in scoring position. The inning ended with a whimper as Shane Hofstadler grounded out to third.
The third inning was marked by several self-inclifted errors for the Wildcats and Indiana made them pay for each one. Weaver induced a swinging strike three, but a passed ball put Hogan on first, making it three straight innings in which Indiana’s leadoff runner reached base. Two wild pitches then moved Hogan all the way to third.
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The Hoosiers immediately took advantage, as Jake Hanley singled to right field to score Hogan and ten Oever followed by mashing a double into the left-center gap and off the green ivy to bring home Hanley and make it 3-0 Indiana.
Indiana’s offense didn’t stop there. Weaver hit a batter to put a second runner on and Landen Fry plated them both on a single to center field. The Northwestern left-hander got two-straight groundouts to strand Fry on base, but the damage was done. The ‘Cats found themselves in an early 5-0 hole after a four-run inning from IU.
Meanwhile, Neubeck continued to shut down Northwestern’s offense, pitching a scoreless inning around a leadoff walk to Owen McElfatrick.
Weaver and the defense turned in their cleanest inning in the fourth. The graduate student opened with a strikeout and though Denny reached on a single, Hofstadler caught him trying to steal second on a ball in the dirt. Weaver then recorded his second strikeout of the inning to keep the score at 5-0.
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In the bottom half, NU stretched its reached base streak to four consecutive innings as Jake Yang poked a single to left field. With two outs, de Groot moved Yang into scoring position with a single, but Hofstadler lifted a high foul popout that was caught near the Wildcats’ dugout, leaving them empty handed through four frames.
Weaver tossed a scoreless frame in his final inning of work, capped off by a nice defensive play for the ‘Cats where McElfatrick laid out to snag a sharply hit ball and tossed a one-hopper to first for Nick Barron to scoop out of the dirt for the final out.
NU loaded two runners on base in the bottom of the fifth via a McElfatrick single and a Kucherak walk, but again, the ‘Cats were unable to capitalize, leaving its seventh and eighth runners on base.
Sam Hliboki took the mound for NU in the top of the sixth, plunking the first batter he saw. He appeared to hit the second as well, but after review, the umpires ruled that Moore interfered by bending his knee into the pitch, leading to IU head coach Jeff Mercer’s ejection. Hliboki induced a groundout and flyout to end the inning.
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The Wildcats’ batters continued to be silenced in the bottom half of the sixth by Neubeck, eclipsing 100 pitches on a strikeout of Hofstadler. The theme of untimely hitting persisted for NU, as it stranded a runner in scoring position for the fourth time.
The Hoosiers threatened to grow their lead in the seventh, loading the bases with one out. Hliboki held firm, striking out both Fry and Cal Gates to keep the ‘Cats in it.
NU’s offense finally got on the board in the seventh inning, teeing off Neubeck’s replacement in Jacob Vogel. McElfatrick continued his strong night with a second base hit and Kucherak’s double moved him to third. For the first time on Friday night, the Wildcats had a runner on third.
Noah Ruiz plated both McElfatrick and Kucherak on a two-run RBI single to make it a 5-2 game.
After a sharp Barron lineout, Indiana’s second reliever of the night, Reagan Rivera, struck out Yang to end the inning.
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The Hoosiers found their biggest rally of the night in the eighth against Tommy Bridges. A leadoff walk from Moore and a pair of singles by Denny and Hanley loaded the bases for IU. Bridges then hit ten Oever to plate a runner, Malamazian hit a sacrifice fly and Cole Decker launched a dagger of a triple into right center that cleared the bases, making it a 9-2 Indiana cushion.
Rivera slammed the door for the Hoosiers, striking out the final five batters he faced to secure the save and a 9-2 victory for Indiana in game one of the weekend tilt.
The Wildcats head back to Rocky and Berenice Miller Park for the remaining two games of their series against the Hoosiers. The games in Evanston are slated for Saturday, May 2nd at 2 p.m. CT and Sunday, May 3rd at 1 p.m. CT.
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