A pair of Indiana docs are attempting to cease the state’s Division of Well being from releasing private data on abortion sufferers.
Obstetrician-gynecologists Caitlin Bernard and Caroline Rouse just lately filed a lawsuit in Marion County Superior Courtroom to dam the discharge of “terminated pregnancy reports” required beneath an govt order issued by Governor Mike Braun final month.
Gov. Braun urged the Indiana Division of Well being to “enforce the law” and launch stories on abortions carried out within the state, in line with reporting from the Indy Star.
He additionally signed an govt order on Jan. 22 to make sure a “faithful execution” of the state’s near-total abortion ban.
The chief order notes that beneath Indiana abortion legislation, well being care suppliers are required to submit a terminated being pregnant report back to the DOH each time an abortion is carried out.
It then directs all state businesses to ensure the state’s abortion legal guidelines are “fully and faithfully executed” and to cooperate with the Workplace of the Lawyer Common in its investigation of enforcement of those legal guidelines.
Beneath the legislation, well being care suppliers are required to incorporate 31 totally different information factors in terminated being pregnant stories together with the identify and handle of the abortion supplier and when and the place the abortion was carried out.
The plaintiffs argue that the data in these stories may be reverse engineered to determine who has acquired an abortion within the state.
Since Indiana’s abortion ban took impact in Aug. 2023, few have been capable of obtain an abortion within the state, which plaintiffs argue raises the chance that TPRs could possibly be used to determine sufferers.
Fewer than 50 acquired a authorized abortion within the state between January and March of final 12 months, in line with a report from the Indiana Division of Well being.
About 1,900 acquired authorized abortion care throughout that very same time in 2023.
“We are once again in court defending our patients and their right to privacy,” Bernard and Rouse stated in a joint assertion. “Everyone receiving medical care deserves to have their personal health decisions and pregnancy outcomes protected. There is no reason to release this sensitive information to the public. We will keep fighting to protect patients’ privacy and the trust between doctors and patients.”
In 2022, Bernard made headlines after she acquired backlash for performing an abortion a 10-year-old Ohio lady who had been raped after which sharing the story with a reporter.
Making that data public additionally places each supplier and affected person in danger, in line with Stephanie Toti, govt director of the Lawyering Challenge, a authorized nonprofit representing the 2 docs in court docket together with Jack Regulation Workplace LLC.
“We’re hopeful the court docket will cease IDOH from following by way of on plans to launch data that’s in any other case protected by each federal and state legislation, she stated in a press release.
A listening to on the way forward for the lawsuit is scheduled for Tuesday Feb. 11, 2025.
