By MONICA DAVEY
Published: June 1, 2005
CHICAGO, May 31 - Planned Parenthood of Indiana has to show state investigators the medical records of some of its youngest patients, a judge ruled on Tuesday. The judge rejected the organization's contention that disclosing such records could have a chilling effect on patients across the state.
Since March, Attorney General Steve Carter has been seeking the records of more than 80 patients younger than 14, saying his Medicaid fraud unit is trying to determine whether children have been neglected because molesting incidents were not reported to the authorities as required. Under Indiana law, anyone under 14 who is sexually active is considered a victim of sexual abuse, and health providers are required to report such cases to the state authorities.
In his ruling, Judge Kenneth H. Johnson of Marion Superior Court denied the Planned Parenthood request for a preliminary injunction against Mr. Carter's office, which has obtained parts of 8 patients' records and is seeking the records of 76 others.
"The great public interest in the reporting, investigation and prosecution of child abuse trumps even the patient's interest in privileged communication with her physician, because in the end, both the patient and the state are benefited by the disclosure," Judge Johnson wrote in a 23-page decision.
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more:
http://www.nytimes.com/2005/06/01/national/01indiana.html