Suit over late-term abortion ban sparks privacy debate

A federal court says an Illinois hospital doesn't have to release medical records; another federal court orders hospitals to produce information.

By Tanya Albert, AMNews staff. March 1, 2004.

In a twist in the court fight over the constitutionality of the federal late-term abortion ban, the government has asked hospitals and physicians for patient records.

The Dept. of Justice says it needs the medical charts to "test" physicians' claims that intact dilatation and extraction procedures are medically necessary. Physicians and hospitals argue that giving up the records is a violation of patient confidentiality.

About a dozen physicians, the National Abortion Federation and Planned Parenthood last year sued the government in several federal courts to stop a new law commonly known as the "Partial-Birth Abortion Ban Act" from taking effect. They argue that the procedure is sometimes medically necessary.

To defend itself in that suit, the government says, it must view medical records of physicians who say the procedure is sometimes medically necessary. It is asking for the records in a way that keeps patient information private, said Justice Dept. spokeswoman Monica Goodling.

"The medical records sought will not contain any patient names, Social Security numbers, addresses, phone numbers or other identifying information," she said. The government asks for patients' state of residence.

"Because the doctors and hospitals are not to provide patient names or identifying information, a review of a doctor's general experience will not violate any privacy rights," she added.

This request is not uncommon, she said. When the government defends health care laws or prosecutes health care fraud, it requests information involving patients who may not be directly involved with the lawsuit.