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)

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

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45 C.F.R. §