Posted on tue, may. 31, 2005








indiana judge rules against planned parenthood in case similar to kansas one

ken kusmer

associated press


indianapolis - an indiana judge ruled tuesday that planned parenthood must turn over to the state the medical records of its patients under 14.


The case was being watched by kansas' attorney general, whose office is embroiled in a similar legal dispute with two abortion clinics before the state's highest court.


In indiana, marion county superior court judge kenneth johnson sided with the state attorney general's office in its quest to examine the medical records of 84 young patients.


However, the state said it will not press the matter and seek the records until all appeals have run their course.


"it would be our intent to wait until the process has worked itself through," said staci schneider, a spokeswoman for attorney general steve carter.


Planned parenthood of indiana tried to stop the seizure of records, arguing that investigators were on a "fishing expedition," possibly to identify the partners of sexually active 12- and 13-year-olds. None of the 84 patients has received an abortion, according to planned parenthood.


The attorney general's office has said that its medicaid fraud unit "is investigating whether or not children were neglected by virtue of a failure to report instances of child molestation to the proper authorities."

since the state seized medical records of at least six patients in march, planned parenthood has instructed its clinics not to turn over medical records to the fraud control unit. Health care providers that refuse to cooperate with medicaid fraud investigators can be disqualified from the program.


Indiana law defines sexual activity with a child under 14 as child molestation, no matter how old the partner is.


When the state can see the records was not immediately clear. Planned parenthood's attorney, ken falk of the indiana civil liberties union, immediately sought a stay of johnson's order from the judge himself. If johnson turns down the request, falk said he will turn to the indiana court of appeals.


"we absolutely intend to uphold the privacy of our doctor-patient relationships," said betty cockrum, chief executive of planned parenthood of indiana.


In kansas, attorney general phill kline also has been accused of conducting a fishing expedition in seeking access to the records of 90 patients from Dr. George tiller's clinic in wichita and the overland park clinic operated by planned parenthood of kansas and mid-missouri.


They've noted that kline is a strong abortion opponent who, as a legislator, helped write the state's late-term abortion law. The statute prohibits abortions after the 21st week unless a fetus cannot survive outside the womb or the woman's life and health are in danger.


But kline has said he needs the records as part of his investigation into child rape and potentially illegal late-term abortions. He's received support from county prosecutors who agree with him that reviewing medical records is routine in criminal inquiries.


Last year, at kline's request, a shawnee county judge issued subpoenas for the records. The clinics then asked the kansas supreme court to block the subpoenas or restrict their scope. The court hasn't yet ruled.


Kline spokesman jan lunsford said the attorney general is "encouraged by the superior court judge in indiana's ruling, given that our case is very similar."

the indiana judge's 22-page ruling rejected planned parenthood's arguments that seizure of the records violated constitutional protections to privacy and against unreasonable searches.


"the great public interest in the reporting, investigation and prosecution of child abuse trumps even the patient's interest in privileged communication with her physicians because, in the end, both the patient and the state are benefited by the disclosure," the judge wrote.



my opinion is that if planned parenthood would have complied with the law in the first place this would not be happening. When the records are seized they have noone but theirselves to blame. Apparently though they feel like they don't have to play by the rules.