Indiana Legal professional Common Todd Rokita has filed a lawsuit in opposition to IU Well being and IU Healthcare Associates, claiming that the healthcare group violated HIPAA and state legislation. The lawsuit stems from a 2022 incident the place a physician made headlines after sharing the story of a 10-year-old lady from Ohio who traveled to Indiana for an abortion. Rokita’s workplace had beforehand achieved a authorized victory when Indiana’s medical licensing board discovered the physician in query, Caitlin Bernard, to have violated privateness legal guidelines in dealing with the affected person’s data.
Nonetheless, representatives from the medical neighborhood, together with particular person medical doctors, the American Medical Affiliation, and an creator of HIPAA, don’t imagine that Bernard did something flawed. They argue that the choice in opposition to her might have a chilling impact on these concerned in affected person care. Bernard determined to not problem the board’s resolution and was fined $3,000, whereas additionally receiving a letter of reprimand.
Within the latest lawsuit, the legal professional normal takes difficulty with IU Well being’s assertion following the board’s ruling, which said that the group disagreed with the choice and believed that Bernard didn’t violate privateness legal guidelines. The lawsuit claims that IU Well being’s assertion induced confusion amongst its 36,000-member workforce relating to acceptable conduct underneath HIPAA and the Indiana Affected person Confidentiality rule. It alleges that IU Well being’s actions have created an surroundings that threatens the privateness of Indiana sufferers.
On the time of reporting, a spokesperson for IU Well being had not responded to a request for touch upon the lawsuit.