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)

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

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DoNE and oRDERED this [^dllguy or

tB r4992531