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| Indiana Attorney General Todd Rokita (R) |
Indiana's Medical Licensing Board reprimanded Bernard and fined her $3000. IUH, on the other hand, claimed that Bernard did not violate any laws with her actions.
Rokita's lawsuit states,
"The 10-year-old’s treatment was a very private and sensitive matter, as was the abuse she suffered that resulted in her pregnancy. Neither the 10-year-old nor her mother gave the doctor authorization to speak to the media about their case.Rather than protecting the patient, the hospital chose to protect the doctor, and itself."
The lawsuit alleges IUH violated the federal Health Insurance Portability and Accountability Act (HIPAA) and an Indiana patient privacy law.
Rokita also argues that IUH is not treating employees fairly, suggesting that other employees were fired after lesser offenses.
"By publicly contradicting the Medical Licensing Board by contending [Bernard’s] actions were 'in compliance with privacy laws,' and through its inconsistent application of its privacy policies and sanctions among its 36,000 member workforce, IUH has created confusion regarding what conduct is permitted under HIPAA privacy laws and the Indiana Patient Confidentiality rule. The inconsistencies and confusion threaten the privacy of its Indiana patients."
