HIPAA takes center stage in controversial abortion case
HIPAA Weekly Advisor, March 29, 2004
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HIPAA is prompting federal judges to refuse to comply with Justice
Department mandates for the release of medical records of women who have received controversial partial-birth abortions, reported the Chicago Tribune on March 24.
The Justice Department says it needs to review the records to determine
whether there are instances of medical necessity that supersede the
Partial-Birth Abortion Act and that it can do so without revealing the
identity of the patients, reported the Associated Press on March 22.
Federal judges in Chicago and San Francisco protected patient identities by blocking the Justice Department's efforts. Other judges in Michigan and New York have complied with the request despite HIPAA. The conflic
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