Justice Dept. Seeks Hospitals' Records of Some Abortions (NYT)

[Don Claybrook]

URL: http://www.nytimes.com/2004/02/12/politics/12ABOR.html?hp

ASHINGTON, Feb. 11 — The Justice Department is demanding that at least six hospitals in New York City, Philadelphia and elsewhere turn over hundreds of patient medical records on certain abortions performed there.

Lawyers for the department said they needed the records to defend a new law that prohibits what opponents call partial-birth abortions. A group of doctors at hospitals nationwide have challenged the law, enacted last November, arguing that it would ban them from performing medically needed abortions.

The department wants to examine the medical histories for what could amount to dozens of the doctors' patients in the last three years to determine, in part, whether the procedure, known medically as intact dilation and extraction, was in fact medically necessary, government lawyers said.
(snip)
Citing federal case law, the Justice Department said in a brief in the case that "there is no federal common law" protecting physician-patient privilege. In light of "modern medical practice" and the growth of third-party insurers, the Justice Department said, "individuals no longer possess a reasonable expectation that their histories will remain completely confidential."
(more)
----------------

So, there we have it. Ashcroft's Justice Department maintains taht medical histories are no longer private, at least in the case of abortions. This guy is insane, but we all knew that.

[lovedems]

1. I wonder how pigboy is taking the news. His beloved administration

is sure putting a dent in his "my medical records are private" argument. I guess if abortion is concerned, a very personal choice, that is fair game.

This is disgusting. Watching the chimp call himself a war pResident, I wonder what in the hell kind of war we are fighting. A war on terror or a war on morals. I hate these bastards.

[prodigal_green]

3. the war is on

women

[Fenris]

2. IT'S NICE TO SEE THE JUSTICE DEPARTMENT IS

FIGHTING TERRORISM.

Que se vayan todos!

[alittlelark]

4. I know I shouldn't be, but I'm shocked

This is disturbing stuff. I personally want to see all of these lawyers' and Asscraft's medical records to make sure the rod stuck up their respective a**es is in there straight.:scared:

[JPace]

5. I wonder if they can get AWOL's guard records?

No one else has been able to.....I know he
doesn't have a vagina (that wicked reproductive
organ that repugs feel compulsions to control)
but we'd still appreciate it if they'd serve
the dems a little too.

[yo-yo-ma]

6. a violence against the autonomy of women

a form of intimidation against providers also
and since when are justice department sidekicks the authority of what is and what is not "medically necessary"?

[flamingyouth]

7. Glad this is finally getting some national press

A couple of days ago, I read the Chicago news article that was posted here, but I hadn't seen this in the NY Times or elsewhere.

Be afraid, people. Be VERY afraid.

[LiviaOlivia]

10. More on the story....

Judge halts effort to get abortion records
Tuesday, February 10, 2004

By Chris Hack and Alice Hohl
Staff writers
http://www.dailysouthtown.com/southtown/dsnews/101nd5.htm

A federal judge in Chicago has struck a blow to the Bush Administration's fight to defend the constitutionality of a ban on so-called partial-birth abortions. U.S. Chief District Judge Charles P. Kocoras blocked a move by U.S. Attorney John Ashcroft to obtain medical records from Northwestern Memorial Hospital in Chicago, where dozens of the controversial procedures have been performed the past two years.
<snip>

Kocoras ruled that strict Illinois medical-privacy laws meant the patients' records couldn't be released. "By demanding the rationale behind the abortions he performed, the subpoena would thereby require Northwestern to disclose medical history information of Dr. Hammond's patients," Kocoras wrote in a Feb. 5 opinion, noting that while Hammond practices at Northwestern, he is not a hospital employee.More importantly, Kocoras noted, the Northwestern patients are not involved in the lawsuit — only their doctor and the federal government are.

Illinois has strict laws prohibiting the release of patients' medical records. "While Illinois does not differentiate between the types of medical information that is subject to protection, it is only reasonable that the privilege should not be diluted in a case involving procedures as sensitive and personal as late-term abortions," Kocoras wrote. "American history discloses that the abortion decision is one of the most controversial decisions in modern life. "An emotionally charged decision will be rendered more so if the confidential medical records are released to the public ... for use in public litigation in which the patient is not even a party."

<snip>

A spokeswoman for Northwestern Memorial Hospital said patient privacy would never be compromised in order to allow the government to confirm or deny the claims of a doctor. "We cannot and would not produce and provide medical information for people who are not party to litigation," said spokeswoman Kelly Sullivan.Illinois law does not allow a patient's medical records to be revealed in court without the patient's permission, even in critical matters such as murder cases.

<snip>

Judges in other states still must rule on the medical records privacy issue for other hospitals and doctors' offices where records were subpoenaed by the Justice Department before the court challenge to the ban will proceed.

Those hospitals are in Michigan, Pennsylvania, New York and California.

[bleedingheart]

8. So a flight attendant is on an airfone for 23 minutes and the govt

and military does nothing...and there is no thorough investigation of our national security....but we are worried about abortions that private citizens may have had???

This is just so f*cked up.

[enough]

9. I have the feeling this may end up

in the same place the the subpoenas of the peace protesters in Des Moines did -- in the trashcan. New York and Philadelphia are not going to submit quietly to this.

These people are having some kind of end-time psychotic breakdown. They can't even calculate what is going to work for them anymore.

Maybe they think now is a good time to gear up the culture wars.
They're wrong on this one. WAY too much big brother. It is not going to work.

On this news, Arlen Specter just won his primary and lost his election.

[asjr]

11. John Asscroft is

as crazy as a loon. There must be some way to stop this. He seems to be a law unto himself. This is wrong. None of us may make it until Jan 05. Asscroft needs to be impeached.

[salin]

12. law... nov 2003... requested private medical info... going back 3 years.

not overzealous on a crusade dictated by his religious/political beliefs... as he swore before the senate during confirmation hearings that he would not do...

[IndianaGreen]

13. Evan Bayh voted for that law

I am voting against Bayh this November.

[Don Claybrook]

14. kick n/t

[LiviaOlivia]

15. kick

[lark]

16. What about HIPAA?

I think this request is not only immoral and low but also illegal? Doesn't HIPAA prohibit the release to medical information without the patients written consent except for collection of the medical bill? I work for a physician billing service, and I know we are very careful to limit even small inadvertent disclosures.

lark

[Judi Lynn]

17. Doctors and hospitals trying to fight back, related article

Doctors, Hospitals Challenge U.S. Subpoenas
Justice Department Seeks Confidential Medical Records on Banned Late-Term Abortion Procedure
By Dan Eggen
Washington Post Staff Writer
Thursday, February 12, 2004; Page A04


A group of physicians and hospitals is fighting Justice Department subpoenas for confidential medical records of patients who have undergone a type of late-term abortion, part of an escalating legal battle over a new federal ban on the procedure, court records and officials said.

The dispute resulted in contradictory orders last week from federal judges in Chicago and New York over whether the records may be released. The outcome of the dispute could determine whether federal officials will soon be able to widely enforce the Partial Birth Abortion Ban Act, which was signed into law on Nov. 5 but has been restricted by several temporary restraining orders issued in federal courts.

In a lawsuit filed by the National Abortion Federation and seven physicians against Attorney General John D. Ashcroft, Justice Department attorneys have demanded patient records from hospitals used by the doctors involved, records show. Government lawyers contend that such requests are common in many areas of civil law, and that patients' names and other identifying information can be redacted from the files before they are turned over.

But a federal judge in Illinois last week blocked the government from enforcing a subpoena against Northwestern Memorial Hospital in Chicago, ruling that the demand violated state and federal privacy laws. hospitals in Michigan, New York and Pennsylvania have also refused to comply because of patient privacy concerns, according to records and officials.
(snip/...)

http://www.washingtonpost.com/wp-dyn/articles/A34633-2004Feb11.html

[GinaMaria]

18. HIPAA is on the side of patient privacy

Asscrack tried this at Northwestern hospital in chicago too. They were able to block him, for the moment anyway, through HIPAA.

[Malva Zebrina]

19. Medical records are no longer private anyhow

Ashcroft hates women. He hates them because he fears woman's blood.

This is a witch hunt. It makes me sad.

I suppose we will begin to see clandestine clinics set up all over if this type of thing continues.

Since the old days when back alley abortions were provided by medical students or barbers or whomever, there has been an enormous influx of females into the profession.

I would hope they would help out their sisters in need.

Buth then, women, historically, have been their own worse enemies.