How Much Information Is Too Much Information
Caitlin Bernard, MD, a family planning fellowship trained obstetrician and gynecologist in Indianapolis, performed an abortion on a 10-year-old Ohio girl who was just over 6 weeks pregnant after being raped. Regardless of your views on abortion, read the rest.
On June 29, 2022, she attended a rally against abortion laws during which a reporter from the Indianapolis Star overheard her speaking with another physician about how patients living in other states would be harmed by abortion restrictions there.
Dr. Bernard reportedly mentioned to the physician that just 2 days after an Ohio law imposing abortion restrictions took effect, she saw the young patient. The reporter asked Dr. Bernard to confirm the comment to which she obliged saying she had received a call from an Ohio child abuse doctor that a minor child had been raped and the family wanted to pregnancy terminated.
Within 2 weeks of the Indianapolis Star article, a reporter with his camera recording, located the victim’s home and knocked on the door. It is quite worrying that the news team was able to find this child.
The evidence of conception was transported from Indianapolis to Ohio for use in identifying the alleged rapist who had been living with the girl’s family.
Dr. Bernard has been very vocal about her concerns with abortion laws in this type of situation. According to one published article, she had gone through her employers to determine exactly what could be disclosed after which she was given the “green light” to do so.
On November 30, 2022, the Indiana Attorney General’s Office filed an administrative complaint against Dr. Bernard. Unfortunately, the Medical Board saw this as disclosure of protected health information and summarily filed charges against Dr. Bernard. According to HIPAA rules, 45 CFR §164.5148 states that “Health information that does not identify an individual and with respect to which there is no reasonable basis to believe that information can be used to identify an individual is not individually identifiable health information.”
After a 15-hour hearing before the Medical Licensing Board of Indiana, Dr. Bernard was given a reprimand and a $3,000.00 fine.
Both Indiana University Health, the American Medical Association, and Planned Parenthood defended Dr. Bernard stating that they disagreed with the Board’s finding on patient privacy. Planned Parenthood described the doctor as a victim of Indiana Attorney General Rokita’s “politically motivated attacks.” Rokita denied this yet, interestingly, I got a press release from Mr. Rokita in the wee hours of the morning about the victory in this case. Regardless of what you think about abortion or who it should apply to, this decision has chilling effects for all healthcare providers as we are now being silenced to not discuss any patient information, even if it is in what you thought was a private conversation and you don’t use identifying information.
