Indiana attorney general drops suit over privacy of Ohio girl who traveled for abortion
INDIANAPOLIS — Indiana’s attorney general has dropped a lawsuit accusing the state’s largest hospital system of violating patient privacy laws after a doctor told a newspaper that a 10-year-old Ohio girl had traveled to Indiana for an abortion.
A federal judge last week approved Attorney General Todd Rokita’s request to dismiss his lawsuit, which the Republican filed last year against Indiana University Health and IU Healthcare Associates, The Indianapolis Star reported.
The lawsuit accused the hospital system of violating HIPAA (the federal Health Insurance Portability and Accountability Act) and state law by failing to protect patient data in the case of a 10-year-old rape victim who traveled to Indiana to obtain abortion drugs.
Doctor Caitlin Bernard ‘s lawyers later said she did not share any personally identifying information about the girl, and such details were not reported in the Star’s July 1, 2022 story, but it became a focal point in the abortion debate days after the U.S. Supreme Court overturned Roe v. Wade in June.
A federal judge in Indianapolis initially granted IU Health’s request to dismiss the case in June, prompting Rokita to file an amended complaint in July. His office subsequently moved to dismiss the case last week, writing that the state’s initial complaints have been addressed by actions IU Health has taken since then. The Star first reported on the girl’s case.
These measures include continuing to train employees not to talk about patients in public spaces and informing employees that if they are approached by a reporter, they should inform the public relations or communications department before responding, Rokita’s dismissal motion said.
“We are pleased that the information this office requested more than two years ago has finally been provided and that the necessary steps have been taken to accurately and consistently train their staff to protect patients and their caregivers,” Rokita said in a statement Monday.
However, IU Health maintains that such practices have always existed and is disheartened by the claim that these were corrective actions taken in response to Rokita’s lawsuit.
“IU Health has and will continue to maintain its robust HIPAA compliance policies and training for its team members, as it has for years,” the statement read. “While we are pleased that the Indiana Attorney General’s Office voluntarily decided to dismiss the case, we are disappointed that the state’s limited taxpayer resources were expended on this matter after the initial complaint was dismissed by the court on the merits.”
Indiana Medical Licensing Board reprimanded Bernard in May 2023, saying she breached privacy laws by speaking publicly about the girl’s treatment.
It fell well short of Rokita’s office’s demand to revoke her medical license. In addition, an internal IU Health investigation found that Bernard had not violated privacy laws.
The Indiana Supreme Court, meanwhile, has reprimanded Rokita and fined him $250 for making statements about Bernard that violated the law. professional code of conduct for lawyers.