Grimes v. Baldwin County Commission et al

Filing 19

HIPPA PROTECTIVE ORDER;granting in part 18 Motion for Protective Order. Signed by Magistrate Judge William E. Cassady on 6/13/18. (srr)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION STERLING GRIMES, : Plaintiff, : vs. : BALDWIN COUNTY COMMISSION, : Defendant. : Civil Action No. 1:17-cv-00262-C : ORDER This matter is before the Court on the parties’ Joint Motion for Protective Order, (Doc. 18), for entry of their proposed Qualified HIPAA Protective Order, (Doc. 18-1). After review of the Qualified HIPAA Protective Order, the parties’ Joint Motion for Entry of Qualified HIPAA Protective Order, (Doc. 18), is hereby GRANTED IN PART and the Court hereby ENTERS its standard qualified HIPAA protective order. Accordingly, the parties are hereby granted the right, upon compliance with the applicable discovery provisions of the Federal Rules of Civil Procedure and the orders of this Court, to obtain from any health care provider, health plan, or other entity covered by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (“HIPAA”), any and all information relating to the past, present, or future medical condition of any individual who is a party to this action, as well as any and all documents and information relating to the provision of health care to such individual and payment for the provision of such health care. This order authorizes any third-party who is provided with a subpoena requesting the production of documents or commanding attendance at deposition or trial to disclose the documents and Protected Health Information in response to such request or subpoena. This order is intended to authorize such disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i). The parties are expressly prohibited from using or disclosing the protected health documents and information obtained pursuant to this order for any purpose other than this action. 45 C.F.R. § 164.512(e)(1)(v)(A). Further, the parties are ordered to return to the covered entity from whom or which such protected health information was obtained all such documents and information (including all copies made) immediately upon conclusion of this action, or otherwise at such time destroy such documentation and information (including all copies made). 164.512(e)(1)(v)(B). DONE and ORDERED this the 13th day of June 2018. s/WILLIAM E. CASSADY UNITED STATES MAGISTRATE JUDGE 2 45 C.F.R. §

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?