Indiana Health Department conceals records exposing misconduct by abortion providers
The Indiana Department of Health (IDOH) is concealing evidence of wrongdoing by abortionists by refusing to release records that expose their medical malpractice. This decision comes after a series of embarrassing incidents for both the health department and the abortion industry, which were brought to light when these records were made public in accordance with state law.
Last year, the records revealed potential violations of Indiana law by abortionists who failed to report abortions performed on girls under the age of 16, who were likely victims of rape. They also showed that the IDOH failed to shut down several abortion facilities, even after four women died following abortions at those facilities.
In November, Indiana Attorney General Todd Rokita faced criticism from the state Supreme Court’s ethics office for pursuing investigations based on information revealed in these records. He was even threatened with the loss of his law license after accurately stating that an abortionist who performed an abortion on a 10-year-old rape victim was “an abortion activist acting as a doctor—with a history of failing to report.” Despite paying a fine to resolve the issue, abortion supporters are now calling for another investigation into Rokita’s law license, claiming he hasn’t shown enough remorse publicly.
For years, Voices for Life has used Indiana’s Access to Public Records Act to obtain “thousands” of monthly terminated pregnancy reports (TPRs) without any issues. These records are used by pro-life organizations to file complaints with the IDOH and the attorney general’s office regarding potential misconduct by abortionists, as revealed in the reports.
In July 2023, just before Indiana’s pro-life law went into effect, the IDOH stopped releasing this data to Voices for Life, citing conflicts with privacy laws. Indiana now allows abortions up to 10 weeks gestation if the mother claims rape, up to 20 weeks gestation for fetal abnormalities, and until birth if the mother’s life is at risk.
After months of delay, the IDOH claimed it would indefinitely withhold TPRs from the pro-life organization, stating that state statutes declare “medical records confidential.” The department argued that the significant decrease in abortions due to Indiana’s post-Dobbs v. Jackson legislation would make it easier to identify women who have had abortions.
“Due to the impact of legislative changes in SEA 1 (SS), individual terminated pregnancy reports submitted to IDOH after August 1, 2023 are no longer releasable through public records request,” the IDOH stated.
In a letter issued in December 2023, Public Access Counsel Luke Britt from Gov. Eric Holcomb’s office supported IDOH’s decision to withhold TPRs from the public, despite it being mandated by the state legislature. Britt argued that the new requirements for abortionists under the September 2022 law would compromise patient confidentiality.
Voice for Life’s Executive Director Melanie Lyon finds the department’s and Britt’s concerns about confidentiality unfounded. She stated that her organization received TPRs between September 2022 and June 2023 that included additional information about the reason for the abortion.
Lyon also mentioned that they received redacted TPR documents each month, but now they won’t be able to access the redacted information because Britt claims it would “defeat the statutory purpose of the confidentiality requirement.”
Without access to the monthly TPRs, organizations like Lyon’s must rely on quarterly TPRs to hold abortionists accountable for violating Indiana laws. However, these quarterly reports only provide aggregated data, making it impossible to identify specific doctors and hospitals involved in ending pregnancies. This means that crucial information that was previously available to Voices for Life, other pro-life organizations, and Rokita’s office to investigate abortionists who disregard Indiana’s laws is now being hidden.
Access to information about repeat offenders who break the state’s abortion laws is crucial for third parties filing complaints with the state. The IDOH’s history of errors in abortion data raises doubts about whether the quarterly reports accurately reflect the true outcomes of Indiana’s abortion exceptions.
“Enforcement is impossible in Indiana if we don’t have this data,” Lyon said.
Last year, detailed TPRs obtained by Voices for Life and The Federalist revealed that abortion facilities across Indiana may have committed crimes and violated health regulations in 2022, including performing abortions on underage girls.
Despite three women dying after abortions and two babies being born alive after failed chemical abortions, none of the 22 abortionists accused of malpractice had their licenses revoked. Instead, Indiana’s Republican legislature and governor increased IDOH’s funding by 2,000 percent, from $7 million to $150 million.
“I don’t have any indication that the Health Department was reviewing the documents and doing these investigations internally on their own. It did take an outside party requesting and reviewing this data to bring it to their attention,” Lyon told The Federalist.
The IDOH has not responded to The Federalist’s request for comment.
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What reasons did the Indiana Department of Health (IDOH) give for withholding terminated pregnancy reports (TPRs) from organizations like Voices for Life?
The Indiana Department of Health (IDOH) is facing scrutiny for its decision to withhold records that expose medical malpractice by abortionists. This decision comes after a series of incidents were brought to light when these records were made public in accordance with state law.
Last year, these records revealed potential violations of Indiana law by abortionists who failed to report abortions performed on underage girls, likely victims of rape. Additionally, the records showed that the IDOH failed to shut down several abortion facilities, even after four women died following abortions at those facilities.
Indiana Attorney General Todd Rokita faced criticism for pursuing investigations based on information revealed in these records. He was even threatened with the loss of his law license after accurately stating that an abortionist who performed an abortion on a 10-year-old rape victim was “an abortion activist acting as a doctor—with a history of failing to report.” Despite paying a fine to resolve the issue, abortion supporters are now calling for another investigation into Rokita’s law license, claiming he hasn’t shown enough remorse publicly.
For years, organizations like Voices for Life have used Indiana’s Access to Public Records Act to obtain monthly terminated pregnancy reports (TPRs) without any issues. These records are used to file complaints with the IDOH and the attorney general’s office regarding potential misconduct by abortionists.
However, in July 2023, the IDOH stopped releasing this data to Voices for Life, citing conflicts with privacy laws. The IDOH claimed it would indefinitely withhold TPRs from the organization, stating that state statutes declare medical records confidential. They argued that the significant decrease in abortions due to Indiana’s post-Dobbs v. Jackson legislation would make it easier to identify women who have had abortions.
Despite the IDOH’s decision, Voices for Life’s Executive Director Melanie Lyon finds the department’s concerns about confidentiality unfounded. Lyon stated that her organization received TPRs between September 2022 and June 2023 that included additional information about the reason for the abortion.
Without access to the monthly TPRs, organizations like Voices for Life must rely on quarterly reports to hold abortionists accountable for violating Indiana laws. However, these quarterly reports only provide aggregated data, making it impossible to identify specific doctors and hospitals involved in ending pregnancies. This lack of transparency hinders the ability of pro-life organizations and the attorney general’s office to investigate abortionists who disregard Indiana’s laws.
Access to information about repeat offenders who break the state’s abortion laws is crucial for third parties filing complaints with the state. The IDOH’s decision to withhold these records is concerning and raises questions about transparency and accountability in the abortion industry. It is important for the IDOH to reconsider this decision and ensure that the public has access to records that expose medical malpractice and potential violations of the law.
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