State Attorney General Ends Attack on Medical Privacy
Planned Parenthood of Indiana Applauds Victory for Patients’ Rights
INDIANAPOLIS, IN – Planned Parenthood of Indiana (PPIN), the state’s leading reproductive health care provider, proclaimed victory today after the state’s Attorney General agreed to return all Planned Parenthood patient medical records obtained in March 2005 and withdraw all additional requests for patient records.
“I could not be more pleased with this outcome,” said Betty Cockrum, PPIN president and CEO. “The court has sent a clear message that the doctor-patient relationship is sacred and that the Attorney General’s office overstepped its authority with its invasion of patient privacy rights.”
PPIN’s lawsuit, originally filed in March 2005, charged abuse of power and violation of constitutional rights by agents of the Indiana Attorney General and sought a permanent injunction to protect patients from invasion into their confidential medical records. Earlier that month, an agent of the Medicaid Fraud Control Unit (MFCU) of the Office of the Indiana Attorney General attempted to seize confidential medical records from three Planned Parenthood health centers in Indiana. Initially, limited information regarding eight patients was turned over to the agent in a good faith effort to comply with the MFCU’s request. Planned Parenthood subsequently received a demand for an additional 73 medical records from 19 Planned Parenthood health centers. In response, PPIN immediately filed a lawsuit to protect its patients’ privacy.
On Sept. 22, 2006, the Indiana Court of Appeals ruled in Planned Parenthood’s favor stating that its patients have a constitutional right to privacy with respect to medical records and outlined procedures to safeguard patient privacy in the future. The appeals court ruling also stated that granting unlimited access is “neither the only, nor the most effective, nor the least intrusive means” of investigating alleged cases of abuse. In a concurring statement, Judge Barnes wrote “Further, there is not a whit, not an iota, and not a scintilla of evidence in the record that [Planned Parenthood] has failed to report suspected abuse.”
“The State simply did not have any legitimate reasons to burden the important privacy interests of Planned Parenthood and its patients,” said ACLU of Indiana attorney Ken Falk. “Medical privacy is essential in providing quality health care.”
In light of the appeals court’s Sept. 22 decision, the Attorney General agreed to drop the demand for medical records. As Planned Parenthood has contended from the beginning, it remains committed to serving as a frontline defender against child abuse and neglect.
“Our staff is trained to comply with the law. We follow state reporting standards in cases of suspected abuse or neglect and will continue to ensure accurate reporting,” said Cockrum. “For our clients, trust is the cornerstone in choosing Planned Parenthood as their provider of vital health services. As guardians of patient privacy we will continue to protect our clients’ confidential medical records.”
On behalf of its patients, staff and board, Planned Parenthood of Indiana expresses its sincere thanks to the ACLU of Indiana and applauds attorney Ken Falk for his work in ensuring a victory for Hoosiers across the state.
Planned Parenthood of Indiana’s mission is to protect, provide and promote reproductive health. In 2005, the agency provided education and medical services to more 130,000 women and men. Planned Parenthood of Indiana is a trusted name in health care offering a full range of affordable reproductive health services including pap tests for cervical cancer, breast exams, and testing and treatment for sexually transmitted infections through its 35 health centers across the state.
