Two Indiana OB-GYN physicians are suing to prevent the release of 'terminated pregnancy reports' that are required to be submitted after every abortion in the state. They argue that the reports, which contain identifying information about patients and physicians, must be kept confidential to protect patient privacy.
Two Indiana OB-GYN physicians, Caitlin Bernard and Caroline Rouse, filed a lawsuit in Marion County Superior Court last week in an effort to block the Indiana Department of Health (IDOH) from publicly releasing 'terminated pregnancy reports.' These reports are required to be submitted by physicians for every abortion performed in the state.
Specifically, the plaintiffs are seeking a court ruling that the terminated pregnancy reports submitted to IDOH are exempt from disclosure under Indiana's Access to Public Records Act. The lawsuit argues that public release of these reports would violate patient privacy. 'We are once again in court defending our patients and their right to privacy,' Bernard and Rouse said in a joint statement, according 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,' they wrote. The terminated pregnancy reports do not include a patient's name but contain other identifying information like age, race, county of residence, and the name of the physician performing the abortion. In January 2024, following the state's near-total abortion ban, IDOH initially decided to stop releasing individual terminated pregnancy reports, opting instead for quarterly aggregated reports. This was due to concerns about patient confidentiality, as the number of abortions significantly decreased after the ban took effect in August 2023, and the increased reporting requirements made it easier to potentially identify patients from the information contained in the reports. An anti-abortion group, Voices for Life, then sued the state seeking access to the individual reports. This case was dismissed by a Marion County judge in September 2024, and Voices of Life announced an appeal. However, in January 2025, Republican Indiana Governor Mike Braun issued an executive order declaring the reports public. IDOH subsequently entered into a settlement with Voices of Life to release the reports on February 3rd. Under the settlement terms, IDOH agreed to redact portions of the reports to 'adequately protect personal health identifiers and that do not inhibit examination of the terminated pregnancy reports to determine whether a physician performed an abortion in accordance with Indiana law,' as stated by the Capitol Chronicle. The court has scheduled a hearing to consider the latest lawsuit filed by Bernard and Rouse on Tuesday, according to the Capital Chronicle
ABORTION PRIVACY INDIANA LAWSUIT REPORTS PATIENT Confidentiality
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