Indiana abortion providers sue to protect patients' health information

Indianapolis, Indiana - Two medical providers in Indiana are taking legal action to protect abortion care recipients' health information from the state.

Dr. Caitlin Bernard (r.) is one of two doctors behind a new lawsuit seeking to protect abortion patients' private health data in Indiana.
Dr. Caitlin Bernard (r.) is one of two doctors behind a new lawsuit seeking to protect abortion patients' private health data in Indiana.  © IMAGO / Imagn Images

The two OB-GYN doctors, Caitlin Bernard and Caroline Rouse, filed a lawsuit in the Marion County Superior Court seeking to block the release of terminated pregnancy reports to the public.

Doctors are required to submit such reports for every abortion performed to the Indiana Department of Health under an executive order signed last month by Governor Mike Braun.

The doctors and their legal representatives argue that disclosure of such reports could allow individual patients to be identified and should be blocked under Indiana's Access to Public Records Act.

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A strict abortion ban took effect in Indiana in August 2023, severely limiting the number of abortions in the state and increasing the likelihood patients could be identified via the information in the reports.

"We are once again in court defending our patients and their right to privacy," Bernard and Rouse said in a joint statement provided to The Hill. "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."

Bernard was the center of a high-profile case in 2022 for providing an abortion to a 10-year-old rape survivor, who traveled from Ohio to Indiana after the Supreme Court decision to overturn Roe v. Wade protections. Indiana's Republican AG Todd Rokita responded with a retaliatory investigation into the OB-GYN.

Cover photo: IMAGO / Imagn Images

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