WP: Kansas Abortion Clinics Fight Data Request (from state atty-gen.)

[DeepModem Mom]

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.

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."

For his part, Kline -- who has said he would like to see Roe v. Wade overturned -- contends that "the issue is whether abortion clinics are above the law."...


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

[rodeodance]

1. this guy is fishing !!

......"When a 10-, 11- or 12-year-old child is pregnant, under Kansas law that child has been raped, and as the state's chief law enforcement official, it is my obligation to investigate child rape in order to protect Kansas children," Kline told reporters late last month.

Women's Health Care Services has asserted that it complies with all laws, including those requiring notification of child abuse. In a Feb. 24 statement, an attorney for clinic director George Tiller said his client "knows those laws and scrupulously follows them."

"Claims that anyone is trying to avoid or prevent legitimate legal inquiries about adherence to those laws are false," the statement continued.

The clinics say patients' files sought by Kline include such information as birth control practices, medical history, diagnoses of mental illness and histories of illegal drug use. They offered to edit information before delivering files to Anderson, allowing for future court proceedings to determine the necessity of divulging the woman's name and personal history.
......

[Kool Kitty]

2. Fishing is right!!!!

He's not looking for rapists. The clinic knows what it is supposed to report to authorities. I hope they keep fighting this.

[Judi Lynn]

3. Here's one of his bright ideas.....

Kline began pushing in 2003 to require health care professionals to report underage sexual activity. Kline contends state law requires such reporting, but a federal judge blocked him. The case has yet to be resolved.
(snip)

http://www.smirkingchimp.com/viewtopic.php?topic=52976&forum=13

~~~~~~~~~~~~~~~~~~~~~~~~~~~~The clinics offered to give the attorney general copies with irrelevant private information blacked out. But that apparently wasn't good enough. Why not, if the purpose is to prosecute criminals, not harass women who have sought abortions?

Why focus on records of patients who had late-term abortions, after 22 weeks -- even though many underage teens presumably obtain abortions sooner -- if the intention is to punish sexual predators, not late-term abortion providers?

And if sexual abuse of children is the issue, then why doesn't Mr. Kline also subpoena others with access to information about underage sex -- school nurses, doctors, social workers -- to turn over private records?

These records are intensely personal. Many doctors argue that knowing the attorney general is looking over a patient's sexual history, psychological profile and other private information -- with an eye to pressing charges -- will dissuade young victims from reporting sexual activity and getting proper treatment.

Mr. Kline's action is based on his opinion that any evidence of sex by a child under 16, the legal age of consent, is by definition evidence of abuse. But former Attorney General Bob Stephan -- no liberal activist -- didn't think that was necessarily so, and the courts have yet to decide whose interpretation is correct.
(snip/...)http://www.kansas.com/mld/eagle/news/editorial/10983809.htm



Phill

[DeepModem Mom]

4. Thanks for adding this info, Judi Lynn -- nt

[Fovea]

5. Kline is a big part of what's the matter with Kansas

and his ilk.

Ironically, it appears that his typical supporter is the BTK serial killer. But looking at Kansas, that makes perfect sense.

[hippiechick]

6. Indiana, too

http://www.indystar.com/articles/8/229340-6498-009.html

Planned Parenthood, state spar over files
Attorney general seeks dozens of patient records

By Michele McNeil
[e-mail]
March 15, 2005


Attorney General Steve Carter is demanding the medical records of 73 low-income patients from Planned Parenthood of Indiana as part of an investigation that critics say tramples on Hoosiers' privacy rights.

Planned Parenthood filed a lawsuit Monday in Marion Superior Court to prevent Carter's Medicaid fraud unit from seizing confidential medical records of patients under the age of 14 who sought reproductive health care from its clinics.

Clinics operated by Planned Parenthood offer services that include cancer screening, tests for sexually transmitted diseases, pregnancy tests and abortions. None of the records requested by Carter involved abortions.

Carter, in a statement, said he's using the powers of the Medicaid Fraud Control Unit to investigate whether Planned Parenthood's clinics are following the law by reporting cases of children who are having sex before they turn 14. In Indiana, sexually active children under that age are considered to be victims of rape or molestation.

more ...

[rocktivity]

14. Kansas and Indiana and Missouri--oh, my!

Bill calls for reporting of sexually active teens

...Perhaps the most controversial provision of the bill is one that many say would require educators, medical personnel and other professionals to report "substantial evidence of sexual intercourse by an unmarried minor under the age of consent."

Substantial? As in what, an actual preganancy? Does that mean that the teens in Missouri who use birth control get off scot free? And what about high-income teen rape victims in Indiana--doesn't this law discriminate against them?

:headbang:
rocknation

[realisticphish]

15. now forming

the Junior Anti-Sex League...

[hippiechick]

20. Hey Phish ... who's the goalie ?

:hi:

[realisticphish]

21. David Caruso

of the Ohio State Buckeyes

:hi:

[hippiechick]

22. Your boys going to the NCAA's this season ?

My Badgers are trying really hard to wank out & miss the playoffs. Might have to head up to Madison and kick some arse.

;)

[realisticphish]

23. well, i hope so

we beat Ferris State in one HELL of a game sunday (we came back from a 4-2 deficit w/ 10 left in the 3rd period to tie with 48 seconds left, then won in overtime) so we're going to the CCHA Super Six in Detroit. Unless we REALLY fuck up, we should be going to the NCAA. i'm in the athletic band at OSU, so i get to go to detroit, then hopefully minneapolis, and then hopefully maine (i think). then the final four is at home, in columbus. hopefully, i'll see you there :D :hi:

[hippiechick]

25. Know anyone scalpin' tix for the Frozen Four ?

A friend of mine got to the WCHA regionals in Grand Rapids last year, I SO wish I'd have been able to !

As soon as Columbus was announced for this year I looked online and there was the application process etc for tix ... WTF ? A year ahead of time ? I was bummed.

But who knows, it's not that long of a roadtrip ... and I might be able to sneak in when the guards aren't looking or get some nosebleed seats ... :)


:hi:

[realisticphish]

26. if we make it...

i get in free :evilgrin:

but i didn't realize there was such a back-up. you could check ebay, i guess. and beware, the schott's ushers are DAMN good ones. believe me, i've tried to get past them when i have a legitamate excuse, and they do not budge unless you have a signed note from god himself

[sandnsea]

7. abortion laws didn't stop abortions

Kansas has enacted all abortion laws, but it didn't stop the abortions, not even the late term abortions that right wingers said weren't necessary.

"Of the abortions performed at or beyond 22 weeks in 2003, 46 were reported to be Kansas residents and 445 from out of state. Not only are these figures consistent with previous research that late term abortions are extremely rare, it also appears that lack of access to abortions increases the likelihood of late term abortions."


"In watching Kline on an MSNBC interview, I did not hear him state that anyone came forward to allege that a sexual assault on a child had been committed. Rather, he appears to be basing his investigation on statutory rape laws that state a minor cannot give sexual consent. He refers to ten year olds, but because the investigation is secret, we do not know if there are actually any ten year olds involved. The records of the 90 women include adults, which is further indication that his investigation is not about crimes committed against children."

2/25/2005
http://www.lightupthedarkness.org/blog/default.asp?view=plink&id=426

[atommom]

18. Most of the late-term abortions were probably performed at Dr.

Tiller's clinic in Wichita. It's one of the few places to get a late-term abortion in this area. And Tiller is not one of Kline's favorite people, having donated substantial amounts of money for anti-Kline ads during the AG campaign. Tiller runs a pro-choice PAC called ProKanDo. It's not hard to believe that Kline might want to target him personally.

http://www.prokando.org/

[Heddi]

8. As far as I know, ALL clinics (not just abortion providers)

have state rules in place that REQUIRE (not suggest or imply or say it's a good idea) ANYONE who has knowledge of abuse to report that information to authorities.

So, his concern about child rape is really moot. If the providers (Staff, Nurses, Doctors, Nurse Practitioners) had any reason to suspect child rape, they would be required by law to report it. People in the medical profession are called Obligate Reporters. They are required, by law and by provision of their license, to report any SUSPECTED OR CONFIRMED evidence of abuse.

I wonder if the Atty General is also obtaining records from hospital ER's, pediatric clinics, general practitioner's offices, etc? All of those are places where children are seen and where evidence of child abuse (physical, sexual, mental) would be seen or SUSPECTED if present.

But he's not interested in THOSE clinics.

I wonder why?

Do victims of child rape ONLY show up to clinics that provide Abortion Services?

Fucking mysogonist pig.

I wonder if he'll be open to the idea of letting the public snoop through HIS personal medical records, his WIFE's personal medical records, his MOTHER's personal medical records, his DAUGHTER's personal medical records--because, I mean, THEY COULD HAVE BEEN ABUSED TOO, you know

[Heddi]

9. Raped BOYS don't show up at Abortion Provider Clinics either

so I guess they're just fucked (literally and figuratively).

His concern is for the wellbeing of the state's children, right?

So what actions is he taking to find evidence of hidden BOY RAPE?

Raped boys don't get abortions. Sexually abused boys don't get abortions.

By his actions, he seems to not CARE about sexually abused BOYS...only GIRLS

(of course I know that's NOT why he's interested, but it would be an interesting point of contention to bring up---why, sir, are you only interested in finding evidence of young girls who were raped or abused who, by simple biology alone, are more likely to seek medical treatment for their abuse? Why is the safety and well being of sexually abused young men not a concern to you as well? Again, simple human physiology would dictate that a young boy cannot get pregnant, and therefore would not seek the same medical treatment that a sexually abused girl would. Your narrow focus on abortion providers is negligent and discriminatory towards any young boy who was sexually abused, since his medical history would be found no-where in the records you're seeking to obtain. Why, sir, do you hate young boys? Why, sir, do you ignore THEIR abuse and rape, which is generally more underreported than the rape and abuse of young girls? WHY DO YOU HATE MALE CHILDREN, SIR?)

[CoffeeCat]

10. For what purposes do they really want this information?

I don't believe that these Republicans are truly interested in sexual abuse (Ha! What a joke!).

So...why do they really want this information and what could they possibly do with it?

Let's say they do obtain these records and the names of many women who have had abortions.

How could they use this information?

We all know that they're stated intentions are almost always lies.

So what are they really doing?

[triguy46]

11. If concerned about statuatory rape

He could subpoena hospital records for all births, to determine the age of the mother. Methinks that might be richer mining for his inquisition . In these parts, a young woman is praised and blessed for having a baby at 14, with this ringing endorsement, "At least she didn't have an abortion." The wacko right talking heads go on and on ad nauseum about the "moral relativism" of the left, yet are superb practitioners of it their very churches.

[Southpaw Bookworm]

19. Mmmm, hmmm

And in some cases, the parents welcome it for other reasons. My parents' white trash neighbors were pleased as punch when the 56-year-old across the street got their 15-year-old daughter pregnant: Not only did he have a good job, but he had a nice pension from the coal mines. He could support all their lazy asses.

In many states, a statutory rapist cannot be charged if he marries the victim. There was a big to-do here in VA a few years ago when a pregnant 13-year-old married her 20-something boyfriend. The parents had no objections.

:grr:

[atommom]

12. There seems to be a coordinated effort in several states

to collect information on underage sex, and late-term abortions. I'm sure they're gathering ammo for an abortion ban.

In Kline's case, a likely piece of the puzzle is his opposition to late-term abortion when "only" the mental health of the mother is at stake. He feels there should be no exemption for that. Ultimately, he'd like to do away with abortion at any stage of pregnancy.

[youngdem]

13. My concern it that this will open the "gates"

If he obtains these records are these women going to be charged with murder? Are other states going to follow his "lead"?

Looking for cases of abuse and rape, my ass. I hope that these clinics shred their records.

[AnneD]

16. Several years ago...

The Feds passed the HIPPA laws which are strict patient confidentiality laws. I don't think the DA can get the records unless a crime was committed. A crime was not committed.

[progressoid]

17. They tried something similar to this in Iowa too

snip/

U.S. Attorney General John Ashcroft's recent attempt to subpoena some 900 Planned Parenthood medical records of abortion patients from around the country was only the most recent assault on medical privacy of its kind. Two years ago, in Storm Lake, Iowa, Planned Parenthood was at the center of another privacy battle, one in which Planned Parenthood of Greater Iowa (PPGI) took a courageous stand to protect the medical confidentiality and privacy of Planned Parenthood patients in Storm Lake.

In the course of investigating the murder of an infant in June 2002, Phillip E. Havens, the county attorney for Buena Vista County, issued a subpoena to PPGI's Storm Lake clinic demanding all records of prenatal patients, expectant mothers, and mothers who gave birth from February 1, 2002, through May 31, 2002. A few weeks later, on June 17, 2002, Havens issued a subpoena requiring PPGI to produce the names, addresses, and medical records of patients who requested and/or received pregnancy testing at the Storm Lake clinic between August 15, 2001, and May 30, 2002.

/snip


http://www.plannedparenthood.org/pp2/portal/files/portal/media/privacy-040412-storm-lake.xml

They'll use whatever slimey means they can.

[Bzzzz]

24. It's happening...

in Indiana also. Only they are targeting Planned Parenthood. :mad: