Texas Abortion Law

[Charlcie]

I wanted to open up dialogue about the law passed in Texas this week. It essentially made any abortion after detection of fetal heartbeat illegal. This can be as early as 6 weeks, before the pregnant person is even aware of the pregnancy. 

I am concerned about the implications this could mean for patients who are unable to access care... 

Another question I have (help me legal side of AN LOL) is this: so part of the law says that any private citizen can sue an entity involved in aiding with an illegal abortion. This includes providers, their staff, and even the ride service driver. The private citizen does not even need to know any party involved including the person terminating the pregnancy. If they win they are entitled to up to $10k in damages... but how can you claim damages when you don't even know the parties involved (and therefore would not be impacted) by the procedure being carried out?

I hope this does not go against guidelines, but regardless of where you land politically abortion is a medical procedure and falls under the realm of healthcare and I feel like it should be discussed. 

Please keep things civil, I know this is a topic that many are passionate about. 

[chare]

1 hour ago, subee said:

[...]

How the Texas abortion law may actually be enforced - ABC News (go.com)

Is this the article you're referring to: How the Texas abortion law may actually be enforced?

Quote

[...]

HIPAA does provide a couple of ways that that could, in theory, happen," Dineen said.

In the case of SB 8, one way could be by the court issuing an order to the abortion provider to disclose the information, she said.

"Let's say that the person bringing the lawsuit says that an abortion was provided on X date to X person -- then that could be specified in the court order," she said.

The information could also be released during discovery, if the woman the health records are about received notice and didn't raise any objections, or any objections raised were resolved and the court permitted the disclosure, Dineen said.

The health records could also be obtained through a qualified protective order, which has restrictions on how the information is used, she said.

"The HIPAA requirements make it very unlikely that you could just have generalities," Dineen said. "You'd have to have pretty good information, and then it would be subject to all those protections as well."

[...]

 

[subee, MSN, CRNA]

7 hours ago, Silver_Rik said:

That’s not a necessary condition. You can volunteer the information. Example: you tell the man who impregnated you. He gets mad because he didn’t want the pregnancy terminated and sues under the TX law.  You tell your sister who you know is “pro life” but trust her because it’s your sister, but she’s so mad you had an abortion that she filed a lawsuit.  A person doesn’t need prior access to your medical records to file a lawsuit 

But they need your records to prove their civil case.  HIPAA does have some exceptions.  A zealous prosecutor can do world of damage to a person.

[subee, MSN, CRNA]

Protecting Private Health and Location Data (michigan.gov)cting Private Health and Location Data (michigan.gov)

A new warning issued re: protecting your health care information in apps that are not always secure.

[Nurse Pompom]

On 9/5/2021 at 6:08 PM, Ernest said:

The African American birth rate is and has been flat for years. Why?  Because abortion is being used as a birth control measure.

Okay, so give these women free and easy access to birth control. Pregnancy means that these poor women will be even poorer, will not get a good education, and will get paid less than men.

 

[subee, MSN, CRNA]

It's really hard not to sneer when Republicans are suddenly interested in the abortions among black women in particular.  They were never interested in investing in public health measures to give hard-to-reach people access to anything.

[Tenebrae, BSN, RN]

9 hours ago, Nurse Pompom said:

Okay, so give these women free and easy access to birth control. Pregnancy means that these poor women will be even poorer, will not get a good education, and will get paid less than men.

 

Thats the ironic thing. The same people outlawing abortion are now trying to make birth control illegal

[subee, MSN, CRNA]

5 hours ago, Tenebrae said:

Thats the ironic thing. The same people outlawing abortion are now trying to make birth control illegal

Let's give men access to low cost vasectomies!  I wonder if legislatures would be comfortable trying to deny men access to medical care.

[Hoosier_RN, MSN]

On 7/5/2022 at 8:16 PM, subee said:

But they need your records to prove their civil case.  HIPAA does have some exceptions.  A zealous prosecutor can do world of damage to a person.

As seen in IN AG Todd Rokita right now. As a conservative leaning woman, I'm totally embarrassed. He is currently wanting to charge the Dr who performed an abortion on a 10 year old girl from OH. That young girl was raped, and no way in Hades is her body physically prepared to deliver a baby, nor is her mind emotionally. I still believe abortion should be available at a reasonable cost and in a  safe environment. No female should ever have to risk her life, livelihood, or sanity over that fact

[subee, MSN, CRNA]

2 hours ago, Hoosier_RN said:

As seen in IN AG Todd Rokita right now. As a conservative leaning woman, I'm totally embarrassed. He is currently wanting to charge the Dr who performed an abortion on a 10 year old girl from OH. That young girl was raped, and no way in Hades is her body physically prepared to deliver a baby, nor is her mind emotionally. I still believe abortion should be available at a reasonable cost and in a  safe environment. No female should ever have to risk her life, livelihood, or sanity over that fact

Maybe it's because children don't vote so they don't matter.  I can't come up with any other alternative thought except how some people just are OK with cruelty to children.  Was she a white evangelical Christian child?  I don't know.  But if she weren't, I bet their song and dance might be a little different.

[Hoosier_RN, MSN]

2 hours ago, subee said:

Maybe it's because children don't vote so they don't matter.  I can't come up with any other alternative thought except how some people just are OK with cruelty to children.  Was she a white evangelical Christian child?  I don't know.  But if she weren't, I bet their song and dance might be a little different.

According to news sources in this area, she's a Guatemalan (they keep saying illegal, but she was raped at 10 y/o, what does it matter citizen status?!), mom was supposedly girlfriend to the rapist. On the radio, station said mom made the statement, basically, that the 10 year old tempted him. If that's true, it's sickening. I do know the mom supposedly turned him in and got this all going. There's so many different stories, who knows?

Our AG is just an a-hole when it comes to abortions. I don't think it has anything to do with voting status

 

[Tenebrae, BSN, RN]

17 hours ago, Hoosier_RN said:

As seen in IN AG Todd Rokita right now. As a conservative leaning woman, I'm totally embarrassed. He is currently wanting to charge the Dr who performed an abortion on a 10 year old girl from OH. That young girl was raped, and no way in Hades is her body physically prepared to deliver a baby, nor is her mind emotionally. I still believe abortion should be available at a reasonable cost and in a  safe environment. No female should ever have to risk her life, livelihood, or sanity over that fact

That has to be the biggest pile of horse excrement I've read in a while. ?

Closely followed by the fact that she had to go to another state because she was 2 or 3 days over the 6 week limit. 

[Hoosier_RN, MSN]

2 hours ago, Tenebrae said:

That has to be the biggest pile of horse excrement I've read in a while. ?

Closely followed by the fact that she had to go to another state because she was 2 or 3 days over the 6 week limit. 

She came to IN for the abortion. By IN law, no law was broken. He's just trying to make a name for himself. Not sure why, because he's made himself look like a fool, and is getting his hiney handed to him by the Dr's lawyer