Clinics seek to thwart inquiry / LJWorld.com

Archive for Tuesday, November 7, 2006

Clinics seek to thwart inquiry

Kansas Supreme Court asked to stop Kline’s investigation

November 7, 2006

Topeka — Leaders at two health care clinics Monday asked the Kansas Supreme Court to stop Atty. Gen. Phill Kline's investigation into abortion records, seal the patients' information and launch a probe into an alleged leak from the records.

The clinics said their legal effort was prompted by statements Friday by Kline, an ardent opponent of abortion, and Fox News' Bill O'Reilly.

"We've fought the attorney general's attempts to invade the privacy of medical records, in part because we feared that, once invaded, they would be misused in pursuit of the attorney general's right-wing agenda," said Peter Brownlie, chief executive officer of Planned Parenthood of Kansas and Mid-Missouri. "It appears, unfortunately, that fear has been justified."

Kline denied any wrongdoing, calling the clinics' legal filing frivolous.

"The women are not under any investigation, and their privacy is not in jeopardy," Kline said. "These records have not been provided in any fashion to any other party by this office."

The move comes on the eve of a bitter election fight between Kline and Democratic challenger Paul Morrison, who has accused Kline of abusing his authority and invading patients' privacy.

The O'Reilly Factor

Fox News' Bill O'Reilly discusses the late-term abortion by a Kansas doctor and its influence on the state's attorney general race. Enlarge video

The Kansas Supreme Court took no immediate action in the latest go-round. Kline and state District Court Judge Richard Anderson, whose court has overseen the records' inquisition, have five days to respond to the clinics' motion.

The filings represent another battle in a two-year-long war between Kline and clinics operated by Planned Parenthood in Overland Park and by Dr. George Tiller, a late-term abortion specialist in Wichita.

Kline sought through a lower court the records of 90 women and girls from the clinics, alleging possible sexual crimes against minors and illegal late-term abortions.

The Kansas Supreme Court allowed the subpoena of records provided that the identities of the patients was redacted. Because of concerns about the privacy of patients, the court also admonished all parties to "resist the impulse to further publicize their respective legal positions."

Kline received the records Oct. 24.

On Friday, he appeared on "The O'Reilly Factor" television show to talk about the case.

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During the show, O'Reilly said he had information that the records showed many of the late-term abortions, which he called "executing babies," were granted for depression. On the show and numerous times before, Kline has stated publicly the allegations of his investigation.

In their petition filed Monday, the clinics said the court needed to take control of the investigation "given the obvious and apparent cavalier attitude to the public dissemination of the contents of the record by respondent Kline and the public allegation by O'Reilly that he has an inside source with respect to the records' contents."

The clinics noted that each medical record, even after the identity of the patient is removed, contains detailed personal history.

Kline said he has no idea where O'Reilly allegedly got his information. O'Reilly has declined to speak to reporters about the matter.

Kline also said that Tiller was trying to thwart the investigation, and that the clinics' motion has no basis in law.

But the clinics argued that a special prosecutor needs to take over the case because Kline is so prejudiced against Tiller, even noting in a campaign memo of the need to use churches to raise funds "to match Tiller's blood money."

The clinics added: "Kline has shown that he is unwilling or unable to separate his duties as a licensed attorney and a public official, entrusted with enormous power, from his desire for personal political gain."

In the last few days of the campaign, Kline has repeatedly told crowds they appeared to be in good health and added, "Of course, I already knew that. I've got all of your medical records."

In their court filing, the clinics described Kline's line as an "offensive joke."

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Agnostick 6 years, 6 months ago

opinion: Hey, I'm sorry. I had a bit of frustration this afternoon, and while I usually try to keep that from leaking over into LJW, sometimes I'm unable to contain myself.

parkay: If these clinics truly have been shirking their responsibilities, and not reporting suspected cases of abuse, child rape etc.... then by all means, throw the book at 'em. They need to be held to the same standards as pediatricians, hospital emergency rooms, couseling centers and so forth. Not higher standards, not lower standards, THE SAME.

That being said... I'm very suspicious of this, given:

1) Kline's background, beliefs etc.

2) Kline's hiring of Brian Brown, a once-militant pro-life extremist

3) Kline's recent "campaign show pony" attitude in all this. He doesn't seem to want to clean up abortion clinics, as much as he wants the press coverage that comes with convincing people that he wants to clean up abortion clinics.

I just now found this timeline, and it might help. The link below, if you click on it, should open up a PDF file as HTML (it will if you're browsing with Firefox, at least):

http://72.14.205.104/search?q=cache:kshBlS71L4QJ:www.ppkm.org/PDFs/kline_case_timeline.pdf+kline+records+timeline&hl=en&gl=us&ct=clnk&cd=7

Otherwise, click this link and download/view the original PDF file:

http://www.ppkm.org/PDFs/kline_case_timeline.pdf

What's always made people suspicious is the first paragraph:

SEPTEMBER 21, 2004 At the request of Attorney General Phill Kline, Chief Judge Richard Anderson of the Kansas Third Judicial District issued subpoenas for 90 complete original medical records to Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri in Overland Park and Women's Healthcare Services in Wichita.

Kline wanted the "complete, original medical records"--he wanted to see names, addresses, SSNs, phone numbers, the works. He wanted to see this stuff REGARDLESS IF A CRIME HAD BEEN COMMITTED.

Why couldn't he have asked for the redacted records to begin with?

"Your honor, I've gone over all 90 of these redacted records--they're all clean except for these 12 here, which have some very suspicious information regarding the ages of the patients. I'd like to request full records on these 12 individuals only, because I believe have cause for further investigation, and I can only question these individuals if I know who they are."

Procedurally... why wouldn't this have worked?

Agnostick agnostick@excite.com

crohan1978 6 years, 6 months ago

If Tiller is breaking the law, it is the Attorney General's job to enforce the law. Don't give me this "political gain" crap. He is fulfilling his elected duty. If the state says late term abortions are illegal, and Tiller is allegedly performing them, Kline should investigate. Anyone who supports late-term abortion is sick. Of course, I believe there are special circumstances where it can be used.

If sexual crimes are being committed against minors, and Tiller is not reporting those crimes, he should be punished for that as well.

opinion 6 years, 6 months ago

Agnostick,

"[Key there is "intelligent American viewers"; for the average NeoCon extremist wingnut that makes up @ 85% of Faux New's audience, O'Reilly can lie all he wants and they'll go down on both knees before him.]"

Why would you feel the need to throw this into your statement? You appear bright and have often demonstrated that you have thought out your positions fully. I am sure your ideas can stand on their own merit without resorting to name calling.

Agnostick 6 years, 6 months ago

STRS writes:

"Agnostick, You and I have no idea A) If Bill O'Reilly is telling the truth, or B) Where O'Reilly got the supposed abortion records."

Which is exactly why KSSC should launch an inquiry... subpoena everyone at Fox News.

If O'Reilly is lying, of course, then his credibility will be shot for intelligent American viewers.

[Key there is "intelligent American viewers"; for the average NeoCon extremist wingnut that makes up @ 85% of Faux New's audience, O'Reilly can lie all he wants and they'll go down on both knees before him.]

Agnostick agnostick@excite.com

SettingTheRecordStraight 6 years, 6 months ago

The records are in the Attorney General's hands because a judge believes there's reason to believe a crime has been committed.

SettingTheRecordStraight 6 years, 6 months ago

If my medical files helped convict a rapist or an abortionist, I would want law enforcement to have those files and use them to bring law breakers to justice.

Agnostick, You and I have no idea A) If Bill O'Reilly is telling the truth, or B) Where O'Reilly got the supposed abortion records.

SettingTheRecordStraight 6 years, 6 months ago

How does Peter Brownlie sleep at night? When he lays down he must be absolutely tortured by the horrible thought, "I'm the CEO of Planned Parenthood of Kansas and Mid-Missouri!"

opinion 6 years, 6 months ago

Holygrailale,

Re-read what I wrote. I do believe Agnostick is bright and do believe he thinks his positions out fully (at least more often than not). Agnostick is one that I often disagree with but will always read their posts. Sometimes I learn something. I just hate to see civility fly out the window time and time again. I guess that's "my problem".

Agnostick 6 years, 6 months ago

Brownlie probably sleeps over to the left side of the bed.

Kline sleeps on the right side of the bed... which is positioned on the far right side of the right-most room on the right side of his house... which is on the right side of Right Street...

Would you like O'Reilly to have your personal medical file, STRS?

Agnostick agnostick@excite.com

Agnostick 6 years, 6 months ago

http://www.hhs.gov/ocr/hipaa/

http://www.hhs.gov/news/facts/privacy.html

Limits on Use of Personal Medical Information. The privacy rule sets limits on how health plans and covered providers may use individually identifiable health information. To promote the best quality care for patients, the rule does not restrict the ability of doctors, nurses and other providers to share information needed to treat their patients. In other situations, though, personal health information generally may not be used for purposes not related to health care, and covered entities may use or share only the minimum amount of protected information needed for a particular purpose. In addition, patients would have to sign a specific authorization before a covered entity could release their medical information to a life insurer, a bank, a marketing firm or another outside business for purposes not related to their health care.

Civil and Criminal Penalties. Congress provided civil and criminal penalties for covered entities that misuse personal health information. For civil violations of the standards, OCR may impose monetary penalties up to $100 per violation, up to $25,000 per year, for each requirement or prohibition violated. Criminal penalties apply for certain actions such as knowingly obtaining protected health information in violation of the law. Criminal penalties can range up to $50,000 and one year in prison for certain offenses; up to $100,000 and up to five years in prison if the offenses are committed under "false pretenses"; and up to $250,000 and up to 10 years in prison if the offenses are committed with the intent to sell, transfer or use protected health information for commercial advantage, personal gain or malicious harm.

Agnostick agnostick@excite.com