Van Norman v. Vernor

Filing 18

ORDER granting 16 Motion for Protective Order (HIPAA ORDER). Signed by Magistrate Judge Sonja F. Bivins on 11/6/2012. (sdb)

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IN TI-IE LTNITED SlATES DISTRICT COURT FOR TI.IE SOUTFIERN DISTRICT OF ALABAMA SOUTFIERN DIVISION CLARA ANN VAN NORMAN. Plaintift CASE NO. I : 12-CV-00362-I(D AMY VERNOR, Defendant. _-Upon compliance rvith Alabarna and Federal larv, the attomeys for the parties to this lawsuit are permitted to obtain all records of rnedical care, including therefore, provided to PlaintifT Clara Ann Van Norman from .Ianuary l, charges 1990 to the present. This Order ueither bloadens nor restricts any party's ability to conduct discovery pursuant to Alabama and Federal law, the sole purpose hereof being only to permit corrpliance with the Health lnsurance Portability and Accountability Act of 1996 (HTPAA). This Court authorizes any third-party who is provided with a subpoena requesting the production of documents or commanding atlendance at deposition or trial to disclose Protected Health Information in response to such subpoena, except as otherrvise provided herein. This Court Order is intended to authorize such 164.512(eXl) of the privacy regulations issued pursuant Portability and Accountability Act of 1996 (I-IIPAA). I B r4ee2s3 l disclosules under Sectiou to the l{ealth lnsurance Nothing in this Order shall be deemed to relieve any party or attomey of the requirements of the Federal Rules of Civil Procedure. Nothing in this Order disclosure of treatment of a patient's mental or confidential communications made for the purposes of permits diagnosis or emotional condition, including alcohol ol drug addiction, among the patient, the patient's psychotlierapist, and persons who ar€ participating in the diagnosis or treatment under the direction of the psychotherapist, including mernbei's of the patient's faniily. Nothing in this Order perrnits disclosure of records-or-infonnation-relatirrg-to-HI-V-testing or'sexually-transuritted-dise Nothing in this Order shall be construed to authorize any party or any attorney tbr any parly to release, exchange, submit, or share any Protected Health Infonnation with any other person or any other entity, other than an agent or ernployee of the attorney or party. This Order prohibits the parties fi'orn using or disclosing the Protected Health Information for any purpose other than this litigation. At the conclusion of this action and at tlie written request of an Individual whose Protected Health lnfbrrnation has been disclosed, representative, all recipients of the Protected requesting parly the documents and or such lndividual's authorized I-Iealth lnforrnation shall return all copies thereof containing to the Protected Health Infonnation received by thern pursuant to this Order, except that Protected I-lealth Infor:nation which is included in insurance clairn files and law firm litigation files may be retained to allorv cornpliance to the extent and for the period that such retention is required by Alabama insurance laws and the Alabarna State Bar rules and regulations, I B t499253 | ,l DoNE and oRDERED this [^dllguy or tB r4992531

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