Hands Off My Medical History

By Ann Farmer, Women's eNews. Posted June 6, 2005.

A woman seeking reproductive health care usually starts by filling out a questionnaire detailing her complete medical history including whether she is sexually active, past illnesses, number of pregnancies, number of live births, contraceptive use, marital status, gender of her sexual partner, occupation, address and more.

Yet, as the legal battles over reproductive rights continue to increase in number and intensity, more and more women have become reluctant to be open and frank.

And after last week--when an Indiana judge on May 30 denied the request of Planned Parenthood of Indiana to stop the state's Attorney General Steve Carter from accessing the medical records of its young clients--it may be even harder for doctors to gather an accurate health history from women and teens.

Planned Parenthood of Indiana filed its lawsuit in March after the state attorney general's office implemented the state Medicaid Fraud Control Unit, which apparently overrides federal health privacy laws, to investigate whether more than forty Planned Parenthood affiliates are properly reporting cases of rape and molestation involving girls under 14. The lawsuit also asked the Superior Court judge to require the return of records already taken by the attorney general's office. Following the judge's denial, Planned Parenthood requested a stay in the case and has vowed to appeal to the Indiana Court of Appeals if necessary.

"I think it's very disturbing and frightening," says Dorothy Greene, a New York City writer who had an abortion years ago but chooses not to share that information with her doctors. "I don't know anymore where these records end up or who sees them. I don't want to feel that the personal private records of mine will be open to scrutiny by someone who has no business looking at them except for their personal ideological reasons."

Indiana is the second state in a matter of months in which prosecutors have sought full access to medical records held by reproductive health clinics.

Kansas Subpoenas

In February, Kansas Attorney General Phill Kline served subpoenas on two Kansas reproductive health clinics seeking access to the medical records of at least 90 women who had used its abortion services.

Attorneys for the two clinics--Comprehensive Health, a Planned Parenthood clinic located in the suburbs of Kansas City and Women's Health Care Services, located in Wichita--filed an appeal on March 16 with the Kansas Supreme Court to block Kline's access to the unedited files, which include the patient's name, medical history, psychological profile and sexual history.

"We made a commitment to our patients that their records are confidential and private," says Peter Brownlie, president and CEO of Planned Parenthood of Kansas and Mid-Missouri, which, along with Women's Health Care Services, has not released any files to date.

The decision on whether to uphold Kline's injunction is pending review by the seven-member Kansas Supreme Court and may not be issued for months.

The Kansas women whose medical records were subpoenaed have expressed outrage at what they see as an incursion into their privacy, says Julie Burkhardt, executive director of ProKanDo, a pro-choice political action committee that she founded along with Dr. George Tiller, medical director of Women's Health Care Services. "They're very concerned that a non-medical official was going to be searching through their medical records."

Legal Violations

Both clinics cited in the subpoenas offer legal second-trimester abortion services.

Kline says that he's investigating possible violations of a state law limiting late-term abortions and another that requires the mandatory reporting of suspected child rape.

"This is a fishing expedition," retorts Brownlie of Planned Parenthood of Kansas and Mid-Missouri, noting that Kline is poised to run next year for either a second term as attorney general or for the governorship. "We fully comply with Kansas' laws."

Whitney Watson, spokesperson for Kansas Attorney General Kline, refused to discuss any potential evidence, saying only that the District Court judge who signed the subpoenas had determined that probable cause existed.

Critics say Kline is pushing an anti-choice agenda.

Ann Farmer is a freelance writer who lives in Brooklyn, N.Y.

Cynthia Cooper contributed reporting to this article.

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