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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