Planned Parenthood sues state in records dispute - 13 WTHR Indianapolis

Lynsay Clutter/Eyewitness News

March 14 - A major tempest is brewing involving the Indiana Attorney General's Office and Planned Parenthood of Indiana. At issue is the confidentiality of certain records. And that has resulted in a suit by Planned Parenthood against the state of Indiana.

The controversy started with a letter from the Medicaid Fraud Control Unit, a division of the Attorney General's office. It notified Planned Parenthood it is under investigation for alleged abuse or neglect, saying it needed to hand over its medical records.

The alleged neglect was failure to report to police or Child Protective Services teens under 14 having sex.

Planned Parenthood Attorney Ken Falk of the Indiana Civil Liberties Union says that falls outside the bounds of Medicaid fraud. "That's a crime, failure to report. But you can't bootstrap that into saying, now you have committed Medicaid fraud or medicaid abuse or Medicaid neglect and swoop in with these powers of Medicaid. It just goes way too far."

But the attorney general's office says it is not using Medicaid fraud as a tool to seize records. Any Medicaid provider, meaning hospitals, nursing homes or Planned Parenthood, hands over records when investigated, Stacey Schneider of the attorney general's office explains. "We can't go out just knocking on anybody's door because they're a Medicaid provider and say, 'Hey, just a spot check.' This is based on allegations we believe are credible and that is something we need to pursue to maintain our obligations to the citizens of the state."

Betty Cockrum, CEO of Planned Parenthood, said at first they complied and produced eight partial medical records, but the attorney general wants 73 more. Cockrum says it raises the question of patient record confidentiality. "It is very important that our patients know that when they come through our door for service that it is private, it is safe."

Cockrun says it is their policy to report any teens under the age of 14 having sex to law enforcement and Child Protective Services.

Planned Parenthood is seeking an immediate hearing to stop the seizure of medical records.

The attorney general's office says it understands the importance of privacy and the records are kept confidential.