Todd Rokita drops lawsuit against IU Health tied to Ohio girl’s abortion

Todd Rokita drops lawsuit against IU Health tied to Ohio girl’s abortion

Attorney General Todd Rokita has dropped his lawsuit against IU Health, originally waged in the wake of the media firestorm over an anecdote one of the system’s doctors shared with IndyStar about a 10-year-old rape victim who traveled to Indiana for an abortion.

Rokita filed the lawsuit in September of last year, alleging IU Health violated HIPPA and the Indiana Deceptive Consumer Sales Act by failing to protect the child’s health information. Earlier in the year, Indiana’s medical licensing board decided obstetrician-gynecologist Caitlin Bernard violated privacy laws in the case, though experts in the medical field disagreed. IU Health’s own internal investigation found Bernard did not violate privacy laws.

Dr. Caitlin Bernard testifies on Thursday, May 25, 2023, during a hearing in front of the state medical board at the Indiana Government South building in downtown Indianapolis. Bernard is appearing before the board for the final hearing in a complaint filed by Attorney General Todd Rokita saying she violated patient privacy laws and reporting laws.

The federal court in the Southern District of Indiana initally granted IU Health’s motion to dismiss the case in June this year. Justifying the lawsuit, the state argued that the hospital’s alleged conduct had ramifications for the medical privacy interests of Indiana residents as well as for hospital employees seeking to avoid violating HIPAA. The district court said it remained “unconvinced” that HIPAA was designed to encompass those interests or that Indiana residents were “threatened or adversely affected,” as is necessary for a state attorney general to bring suit.


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