The Indiana Publisher

Page 2 June 2022 HSPA Board of Directors HSPA Foundation Board Members Bill Hackney, e La Porte County Herald-Dispatch (Michigan City) and e Rochester Sentinel Don Hurd, Hoosier Media Group Gillian Kelk, Sullivan Daily Times Brenda McLane, Hometown Media Group Mark Miller, e News-Banner (Bluon) Kathy Tretter, Ferdinand News and Spencer County Leader (Rockport) HSPA Board Members Nathan Feltman, Indianapolis Business Journal Bud Hunt, AIM Media Indiana Curt Kovener, e Crothersville Times Robert Shegog, Indianapolis Recorder Chris White, e Times Media Co. HSPA Board of Directors HSPA Officers President: Larry Hensley, e Hoosier Times HSPA Foundation Board of Directors HSPA Foundation Officers President: Robyn McCloskey, CNHI HSPA Staff Amelia McClure, executive director, general counsel admclure@hspa.com (317) 803-4772 Pamela Lego, director of operations plego@hspa.com (812) 350-7711 Shawn Goldsby, business manager sgoldsby@hspa.com (317) 803-4772 Ruth Witmer, communications specialist news@hspa.com (812) 855-5898 e Indiana Publisher is published monthly by the Hoosier State Press Association, 429 E. Vermont St. #206 Indianapolis, Indiana 46202 Questions? Contact the HSPA Legal Hotline. Steve Key is available to answer your questions about the Open Door Law, access to documents & more. Email legal@hspa.com or call (317) 509-1507. with privacy laws," officials said in an email. They also said that the university "routinely initiate reviews" on privacy and compliance. What to know about this case: Earlier this month, the Indianapolis Star, part of the USA TODAY Network, published a story about a 10-year-old child from Ohio who was raped and traveled to Indiana to get an abortion. The account became a talking point for abortion rights supporters, including President Joe Biden, and some opponents and news outlets criticized the story as unproven. A man was arrested and charged this week with the rape. What does HIPAA say? The Health Insurance Portability and Accountability Act passed in 1996 aims to protects the privacy of patient information. Experts in HIPAA compli- ance say the law exists to prevent the release of identifi- able information. Bernard provided the IndyStar only with the age of the girl and the state of her residence. The question then becomes what the threshold is for identifiable information, said John Howard, director of the HIPAA Privacy Program at the University of Arizona, speaking in general terms about the law and not this specific instance. "Often the trick here is determining when health information will still be considered identifiable," Howard said in an email. "A good rule of thumb is if the information can reasonably be linked back to an individu- al, and the past, present or future provision of health care to that individual, it is identifiable. Bernard reported the procedure, despite claims Rokita, the Indiana attorney general, has also called into question whether Bernard had properly reported the disturbing case, saying she had "a history of failing to report" in his roughly two-minute appearance on "Jesse Watters Primetime" on Fox News. Rokita did not provide any evidence to back up his claims. Despite the newly disclosed form, Rokita said on July 14 he plans to forge ahead with his investigation. "As we stated, we are gathering evidence from multiple sources and agencies related to these allegations," he said in an emailed state- ment. "Our legal review of it remains open." State court data shows no criminal charges have been filed against Bernard. The Marion County Prosecutor's Office said it had not received any allegations that she failed to report the case of the 10-year-old. But a pregnancy termina- tion report released July 14, showed Bernard filed with the Indiana Department of Health and Department of Child Services in accordance with state laws, confirming the information that the doctor provided. The records, obtained by the IndyStar through a public records request, show that Bernard reported the abortion before the state's reporting deadline and that she dis- closed the child had suffered abuse. Contributing: Lizzie Kane, Kaitlin Lange and Johnny Magdaleno, The Indianapolis Star. Contact Shari Rudavsky on Twitter: @srudavsky." Star Continued from Page 1

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