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Beaverhausen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:20 PM
Original message
Kansas Abortion Clinics Fight Data Request
This was posted in LBN and I thought it should go here too.

http://www.washingtonpost.com/wp-dyn/articles/A35009-2005Mar14.html

Kansas Abortion Clinics Fight Data Request
Criminal Inquiries Trump Issues of Privacy, State Says

By Peter Slevin
Washington Post Staff Writer
Tuesday, March 15, 2005; Page A03

Two Kansas clinics are opposing efforts by the state's attorney general to obtain the medical records of more than 80 women who received late-term abortions in 2003.

The attorney general, Phill Kline, has argued that he is looking for evidence of child rape and violations of a state law restricting abortions performed after 22 weeks of pregnancy. But clinic supporters contend Kline is on a fishing expedition that invades patients' privacy and is making a calculated effort to hamper the clinics from performing abortions.


Kansas Attorney General Phill Kline is seeking access to medical records from 80 patients who received late-term abortions last year. (Nick Krug -- Associatd Press)


Kline's push for medical records, backed by a judicial subpoena, is the strongest move yet by a state law officer against providers of late-term abortions. Abortion rights activists say Kansas heralds a growing risk to the rights of women seeking to terminate pregnancies without government interference.

"It really is scary for patients," said Priscilla Smith, director of the domestic legal program at the Center for Reproductive Rights in New York. "As more and more restrictions are placed upon abortion, there's more and more opportunity for self-righteous and right-wing antiabortion attorneys general and prosecutors to do these kinds of investigations."

more at the link
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Liberal Veteran Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:25 PM
Response to Original message
1. As well they should.
Medical records should be private unless there is evidence a crime has been committed.
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Warpy Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:27 PM
Response to Reply #1
2. Fishing expeditions like this one have been declared illegal
time and time again. Asscroft got his hand slapped when he tried to do the same damned thing to clinics that prerformed second trimester abortions.

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Justitia Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:27 PM
Response to Original message
3. Doesn't he have something better to do? Like put together a serial murder
case? The "BTK killer" ring any bells?????

Forget putting all your resources behind locking up a serial killer, we need to ferret out women having legal abortions instead!

Egads!
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Book Lover Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:28 PM
Response to Original message
4. I vote to destroy the records
I know how drastic it sounds, and imprudent and potentially detrimental to the patients' health, but by me, it's the only way. You want records, well, we ain't got 'em.
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Justitia Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 03:38 PM
Response to Reply #4
5. I heartily agree with you. Why don't they do this already?
I understand keeping them for a reasonable period of time (physical recovery of patient), but really, why would they keep them beyond that? I can't see any medical need to keep records of these procedures beyond a certain point.
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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-15-05 05:16 PM
Response to Original message
6. the Canadian connection
Edited on Tue Mar-15-05 05:20 PM by iverglas
I apologize for the disgusting nature of the site below, and its comments, but sources like this are the only ones I can find. The basic facts it reports are, as far as I know, quite true. The thing is that nobody but these cretins seem to think the facts newsworthy.

http://ifrl.org/IFRLDailyNews/040913/2/

Canada Sending Women to Kansas for Late Term Abortions by Controversial Abortionist "Tiller the Killer"

(LifeSiteNews.com) MONTREAL, Pregnant mothers from Quebec whose unborn children are beyond 24 weeks gestation, are being sent to Wichita, Kansas for late-term abortions, at the private clinic of controversial abortionist George Tiller. Each procedure costs Canadian taxpayers at least $5000.00 U.S.

... Last year 30 Quebec late-term abortions were committed in Kansas and New York. So far this year from April to August, nine women have been sent to Kansas for abortions.
I'll summarize the remaining salient points without subjecting gentle readers to the revolting rhetoric.

Abortions in Canada are performed in both hospitals (most hospitals are publicly owned and operated; the few that aren't are mainly left-over RC and Sally Ann institutions that don't perform abortions) and private clinics. The private clinics are permitted to operate as an exception to the prohibition on private hospital/surgical facilities, in recognition of the fact that hospitals could/would not meet the demand. Abortion is covered under provincial health care plans. (There are a couple of complications involving small recalcitrant provinces that are violating the Canada Health Act and not being dealt with appropriately.)

But abortion providers in Canada do not have the skills and training to provide late-term abortions; the procedure is sufficiently rare that the need for it here has not been high enough that any doctors have prepared to be able to provide it. Late-term abortions could not be provided in the existing private clinics, which are not equipped for this more major and risky procedure.

So the Cdn provincial health care plans pay for women who need late-term abortions to obtain them in the US. I expect that travel expenses would be covered to some extent too, as they have been for people needing, e.g., radiation therapy while there has been a shortage of personnel in some places in Canada. One problem with this is that the costs of all medical care in the US are higher than in Canada, and so the plans are paying US providers probably a multiple of several times the approved fee for Cdn providers.

Of course the very fact of having to travel is a hardship for the women involved, but actually a woman in, say, Saskatchewan would likely have to travel to Toronto or Vancouver for such a procedure anyway, even if there were a doctor or two in Canada performing it.

Oh, I suppose I should mention that the women in question are probably almost exclusively women who have been determined to be carrying fatally defective fetuses. (I think that if the situation were one in which the woman herself were at risk of death or serious injury, some way of performing a late-term termination would be found here.) From the same ugly source as above:

Quebec Health Minister Philippe Couillard admitted this morning that the majority of the 30 abortions were done because of "congential malformations".

Now here's a weird one -- and again, apologies for the source and tone:

http://pro.lifewithchrist.org/permalink/9264

Woman Dies after being Rushed from George "the Killer" Tiller's Late-Term Abortion Mill
Was the woman a Canadian?

WICHITA, January 27, 2005 (LifeSiteNews.com) - Today, LifeSiteNews.com learned that a woman, who was likely undergoing an abortion on January 13 at notorious late-term abortionist George "the Killer" Tiller's abortion facility, has died. Operation Rescue members, who keep a constant vigil outside Tiller's premises, reported that the woman, whose name has not yet been released, was rushed to Wesley Medical Center and died a few days later.

911 transcripts from the day show that an ambulance was requested by Tiller office worker Marguerite Reed, who, according to 911 dispatch records was being "very evasive" and "refused to give any information about the patient." Nothing is known about the identity of the woman and LifeSiteNews.com is attempting to discover if she was Canadian.
I have no idea what would have led them to speculate this, but I've certainly seen nothing about this in the real news in the 2 months since it allegedly happened.

on edit: apparently no basis at all. The woman was from Texas:
http://www.ljworld.com/section/breaking/story/197036


Anyhow. The proposed search of medical records is indeed a fishing expedition. And you can bet that no Canadian woman who had to travel to Kansas in the tragic circumstances that make that trip necessary wants any of these scum reading her personal information. We get very crotchety about our personal info up here, and in fact there have been a couple of recent incidents where medical records somehow got disposed of improperly that became major scandals in the media.

This little assault on women's privacy has been reported in the Cdn media:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/1109345358618_9/?hub=Health
I wonder whether any of our health ministers have made representations to the Kansas state govt about this (the files obviously contain billing information, info that is confidential and belongs to the woman and the insuring public health plan) ... maybe I'll go write my MP (an opposition member of Parliament, federally) and MPP (a government member of the provincial legislature) and suggest that the question be raised.

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rebecca_herman Donating Member (494 posts) Send PM | Profile | Ignore Wed Mar-16-05 12:37 AM
Response to Reply #6
7. well
It's sad that the woman died but women can die after giving birth. C-sections are riskier than abortions, even late-term ones... and I imagine there was something wrong with her pregnancy to be getting a late abortion, that could have contributed to her death. :(
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ehrnst Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-17-05 08:53 AM
Response to Original message
8.  Abortion Records being Siezed: It's happening in Indiana now.
Edited on Thu Mar-17-05 08:55 AM by ehrnst
http://www.kaisernetwork.org/daily_reports/rep_repro.cfm#28699

Planned Parenthood of Indiana on Monday filed a lawsuit in Marion Superior Court to prevent Indiana Attorney General Steve Carter (R) from accessing the confidential medical records of low-income patients under age 14 who sought reproductive health services at state family planning clinics, the Indianapolis Star reports. In a statement, Carter said he is using the state Medicaid Fraud Control Unit to subpoena the records to investigate whether family planning clinics are properly reporting cases of rape and molestation for children under age 14.

Federal health privacy laws do not apply to Medicaid fraud or abuse investigations, and facilities that do not cooperate with investigations or release patient records can lose their federal Medicaid funding, the Star reports.

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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-17-05 09:24 AM
Response to Reply #8
9. question
From the article:

He said his office is "obligated under federal and state statutes to investigate allegations of abuse and neglect by Medicaid providers, which include hospitals, nursing homes and other medical clinics that receive Medicaid reimbursement from the state"

How can a (hypothetical) failure to report (hypothetical) "cases of rape and molestation for children under age 14" be regarded as "abuse <or> neglect by Medicaid providers"? (I assume that is the allegation underlying the compelled disclosure.)

Failure to report such cases would presumably be a violation of child welfare or criminal legislation. It does not appear to be a violation of the terms of Medicaid funding.

The recipient of the funding -- Planned Parenthood -- is presumably not being accused of neglecting or abusing its clients/patients. Of course, if the allegation is actually that failing to report constitutes abuse/neglect, there are going to be an awful lot of people (those who are required by statute to report suspected child neglect/abuse) who are going to be finding themselves subject to prosecution for neglect/abuse.

I ask the "how" question rhetorically; who here could explain what goes on in the minds of these people? But I assume that this is at least part of the basis of PP's challenge.

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