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View Full Version : New Oklahoma Abortion Law Violates Patient Privacy, Critics Charge



George Gervin's Afro
10-21-2009, 07:46 AM
http://www.foxnews.com/politics/2009/10/20/new-oklahoma-abortion-law-violates-patient-privacy-critics-charge/?test=latestnews

New Oklahoma Abortion Law Violates Patient Privacy, Critics Charge

The Statistical Reporting of Abortions Act has outraged a number of abortion rights advocates who say it is a blatant violation of patient privacy rights that is meant to intimidate women from seeking abortions.
By Cristina Corbin

FOXNews.com


Abortion rights advocates are lashing out at a new law in Oklahoma that in less than two weeks will require doctors to release detailed information -- which will be posted on a public Web site -- about all women who have abortions in the state.

The law, which will take effect on Nov. 1, compels the Oklahoma Department of Health to publish data online on all abortion patients -- including the woman's race, marital status, financial circumstances, years of education, number of previous pregnancies, and her reason for seeking the abortion. Doctors who fail to provide such information will be criminally penalized and stripped of their medical licenses.

The Statistical Reporting of Abortions Act has outraged many abortion rights activists who say it is a blatant violation of patient privacy rights and is meant to intimidate women from seeking abortions. The law also prohibits the use of abortion for sex-selection.

"The law itself is contrary to our Constitution," said Lora Joyce Davis, an Oklahoma resident who, along with former state Rep. Wanda Jo Stapleton, has filed a lawsuit over the measure.

The law does not permit women's names to be posted, but it does require them to provide answers to 37 questions -- including the county where the abortion is performed. Davis, who is working closely with the New York-based abortion rights group Center for Reproductive Rights, said such detailed demographic information will make it possible to identify patients, especially those who live in small towns.

"These are women who are already in a tragic situation, and the law will expose them about a very, very personal matter," Davis told Foxnews.com on Tuesday. "It's a violation of patient privacy rights to put that information up there."

Jennifer Mondino, a staff attorney with the Center for Reproductive Rights, echoed Davis' complaint, saying, "The reporting requirements profoundly protrude on women's privacy."

"If you can think about being in a small town, you might know that teenager in the high school who is pregnant. It's not that difficult to link that person to the data that's going to be available on the Web site," she said.

Mondino added that the legislation "violates the spirit of HIPAA," the Health Insurance Portability and Accountability Act, passed by Congress in 1966, which imposes strict regulations on patient privacy, including how such information can be used. The law mandates that information identifying patients must be protected.

But Oklahoma State Rep. Dan Sullivan, the Republican who authored the bill, told Foxnews.com the data will be useful in stepping up education that targets demographics with high rates of unwanted pregnancies.

"If there's something that we can do to positively impact that segment of that population -- and have a lowering effect on those rates -- then we want to be able to look at what policy decisions we can make."

Sullivan said the suggestion that women from small communities will be easily identified has been "misrepresented." He said that of the 77 counties in Oklahoma, only three have abortion providers.

"If a woman from rural Oklahoma (county) goes to Tulsa (county) and has an abortion, her abortion stats are lumped together with all the other women who went to Tulsa to seek an abortion," Sullivan said.

"There's no way a person can be singled out or identified the way it would be listed."


Just make birth contral more available... sheesh.. I'm glad republicants want to keep govt out of our personal lives..:rolleyes

boutons_deux
10-21-2009, 08:27 AM
Yes, Repugs are all for Small/No Govt, except when it violates citizens according to Repug and "Christian" supremacist theocratic agendas.

Wild Cobra
10-21-2009, 08:57 AM
Just make birth contral more available... sheesh.. I'm glad republicants want to keep govt out of our personal lives..:rolleyes
Really?

Why does the Democrats Health Plan place our records on a government database?

hope4dopes
10-21-2009, 09:39 AM
I fail to see how this is the state's bussiness

spurster
10-21-2009, 10:28 AM
That looks like more than enough information to identify the patient afterwards.

FromWayDowntown
10-21-2009, 10:28 AM
What purpose does the public disclosure of that information conceivably have? I think it's intrusive for government to keep those kinds of statistics and would object to the law on that basis alone; but I could understand that there might be some purpose to maintaining such statistics in gross from for a variety of reasons.

The willingness to make each individual's particulars public, however, serves no legitimate purpose at all -- other than to shame those who've undertaken a perfectly legal procedure that is socially-stigmatized.

Surely, the state of Oklahoma could learn a lot and aid educational efforts by maintaining a website of those who undergo angioplasties or other cardio-thoracic procedures, but curiously, it apparently has no law requiring the idiosyncratic reporting on 37 different demographic aspects of all patients who undergo such procedures.

baseline bum
10-21-2009, 10:34 AM
Really?

Why does the Democrats Health Plan place our records on a government database?

Because it's something that has seriously reduced costs in Japan?

Wild Cobra
10-21-2009, 11:24 AM
Because it's something that has seriously reduced costs in Japan?
I don't care. I want my records to be private, between just me and my doctor.

What about you?

You want any government employee with the right access to be able to pull up your records? maybe sell them at will, for someone who wants your private information?

George Gervin's Afro
10-21-2009, 11:36 AM
I don't care. I want my records to be private, between just me and my doctor.

What about you?

You want any government employee with the right access to be able to pull up your records? maybe sell them at will, for someone who wants your private information?

So then it would be impossible for your new doctors to ever get all of your old medical records from previous physicians. In order to properly treat soemone I assume that some history would help..

By the way the govt has had all of your financial information available to sell if they wanted to ..hell they could even steal your identity but they haven't..

Wild Cobra
10-21-2009, 11:43 AM
So then it would be impossible for your new doctors to ever get all of your old medical records from previous physicians. In order to properly treat soemone I assume that some history would help..
Bullshit. When I change doctors, I either hand carry my records, or sign a release for records transfer.

By the way the govt has had all of your financial information available to sell if they wanted to ..hell they could even steal your identity but they haven't..
Yep, and they sure do a fine job of protecting that now, don't they!

If someone has a history of allergies, or other medical problems, they should have a medical bracelet or some other means of indicating such. Regulating my records be public when there is no need, in my opinion, is a constitutional violation.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

spursncowboys
10-21-2009, 02:41 PM
Gervin's afro is hilarious. He starts this thread to denounce republican's hypocrisy but then starts defending why it's ok for the Federal govt. to do it.

FromWayDowntown
10-21-2009, 05:14 PM
I can at least see a reason for centralizing medical records under the health care reform idea, if only because there will be times that a patient is seen on an emergency basis by a doctor who might provide better treatment with access to the patient's records. In at least some emergency situations, the patient won't be able to walk his records to the doctor or sign a release authorizing their transmittal to another doctor. And I think the idea is at least more meritorious than the Oklahoma law, if only because it encompasses all healthcare records, facially in the name of treatment.

The Oklahoma law, by contrast, is obviously aimed at only a singular medical procedure (in what seems a clear effort to erecting a hurdle to its exercise), has no bearing on future treatment for that condition (since, after all, the procedure ends the pregnancy), and makes the information provided immediately public -- without the need for some wrongdoer to usurp the information and make it public.

It's not logically inconsistent to defend one and not the other.

ploto
10-21-2009, 06:38 PM
...but I could understand that there might be some purpose to maintaining such statistics in gross from for a variety of reasons.

The willingness to make each individual's particulars public, however, serves no legitimate purpose at all -- other than to shame those who've undertaken a perfectly legal procedure that is socially-stigmatized...

Surely the supposed purpose could be served by having physicians compile and report annual statistics and not individual descriptions.

coyotes_geek
10-21-2009, 06:41 PM
What purpose does the public disclosure of that information conceivably have? I think it's intrusive for government to keep those kinds of statistics and would object to the law on that basis alone; but I could understand that there might be some purpose to maintaining such statistics in gross from for a variety of reasons.

The willingness to make each individual's particulars public, however, serves no legitimate purpose at all -- other than to shame those who've undertaken a perfectly legal procedure that is socially-stigmatized.

Surely, the state of Oklahoma could learn a lot and aid educational efforts by maintaining a website of those who undergo angioplasties or other cardio-thoracic procedures, but curiously, it apparently has no law requiring the idiosyncratic reporting on 37 different demographic aspects of all patients who undergo such procedures.


I can at least see a reason for centralizing medical records under the health care reform idea, if only because there will be times that a patient is seen on an emergency basis by a doctor who might provide better treatment with access to the patient's records. In at least some emergency situations, the patient won't be able to walk his records to the doctor or sign a release authorizing their transmittal to another doctor. And I think the idea is at least more meritorious than the Oklahoma law, if only because it encompasses all healthcare records, facially in the name of treatment.

The Oklahoma law, by contrast, is obviously aimed at only a singular medical procedure (in what seems a clear effort to erecting a hurdle to its exercise), has no bearing on future treatment for that condition (since, after all, the procedure ends the pregnancy), and makes the information provided immediately public -- without the need for some wrongdoer to usurp the information and make it public.

It's not logically inconsistent to defend one and not the other.

Well said on both counts. The oklahoma law is complete bs.

George Gervin's Afro
10-21-2009, 06:46 PM
Gervin's afro is hilarious. He starts this thread to denounce republican's hypocrisy but then starts defending why it's ok for the Federal govt. to do it.

this a state law they are talking about you moron...second of all wc was talkin about his medical records and the fed govt...stop acting stupid

boutons_deux
10-21-2009, 07:30 PM
"The oklahoma law is complete bs."

oklahoma is complete bs, judging by their state and DC politicians.

spursncowboys
10-21-2009, 07:47 PM
this a state law they are talking about you moron...second of all wc was talkin about his medical records and the fed govt...stop acting stupid What? Look you started this with your snarky comment: "I'm glad republicants want to keep govt out of our personal lives..:rolleyes"
Now all the right side of the spectrum people on this post came out against it on principle, then added how the Obama doing this same kind of invasion of privacy to our records was apart of that same principle, and you changed tune.

Winehole23
10-21-2009, 07:54 PM
What? Look you started this with your snarky comment: "I'm glad republicants want to keep govt out of our personal lives..:rolleyes"

Now all the right side of the spectrum people on this post came out against it on principle, then added how the Obama doing this same kind of invasion of privacy to our records was apart of that same principle, and you changed tune.You do the exact same thing, SnC.

spursncowboys
10-21-2009, 07:55 PM
You do the exact same thing, SnC.
When?

Winehole23
10-21-2009, 07:55 PM
Just a couple of days ago, you suggested I'm a Marxist.

Winehole23
10-21-2009, 07:56 PM
But that's hardly the only time.

spursncowboys
10-21-2009, 08:01 PM
Just a couple of days ago, you suggested I'm a Marxist.
If I did, it was in jest. "bustin your chops". I forget it is hard to make jokes through typing. I don't think you are a Marxist.
But I am talking about him being against something and then switching when it has to do with going against Obama.

George Gervin's Afro
10-21-2009, 08:03 PM
What? Look you started this with your snarky comment: "I'm glad republicants want to keep govt out of our personal lives..:rolleyes"
Now all the right side of the spectrum people on this post came out against it on principle, then added how the Obama doing this same kind of invasion of privacy to our records was apart of that same principle, and you changed tune.

ok you are stupid. I am ok with centralizing medical records dummy what I'm against is using an extremely personal situation and have the govt broadcasting it.. got it? The idea of creating a national databse for medical records is not new ..you do realize that don't you?

George Gervin's Afro
10-21-2009, 08:04 PM
If I did, it was in jest. "bustin your chops". I forget it is hard to make jokes through typing. I don't think you are a Marxist.
But I am talking about him being against something and then switching when it has to do with going against Obama.

I am still waiting for any documentation where I praise obama....I'll wait for you to come back and look stupid again.