Phillips v. Northport Health Services of Arkansas, LLC et al

Filing 22

HIPAA ORDER granting 19 Motion for Order as set forth. Signed by Honorable Paul K. Holmes, III on July 20, 2011. (sh)

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,*ffi#il#_E3,81fril"i Hffi ^* 8'fft I "trI.Itffi ffiHfr?ffifr FORT SMITH DIVISION JUL 0 20tf 2 q$ls R.JoIINsoN, Clerk DAUNN PHILLIPS. Dee,ryC|rrt Plaintiff. v. CaseNo.: 2: t l-cv-2063-PKH NORTHPORT HEALTH SERVICES OF ARKANSAS,L.L.C. Defendant. HIPAA ORDER IN CIVIL ACTION Upon compliance with federallaw, the attorneys the partiesand/or for pro se parties this lawsuitare permitted obtainall healthinformation, to to includingcharges therefore, relatingto DaunnPhillips. This Orderneither broadens restricts nor any party's ability to conductdiscoverypursuant to federallaw, the sole purpose hereofbeingonly to permit compliance with the HealthInsurance Portability Accountability of 1996(HIPAA). and Act This Court Order authorizes third-partywho is providedwith any a subpoena requesting the productionof documents commanding or attendance at deposition or trial to disclose Protected Health Informationin response suchrequest subpoena. to or This Court Order is intendedto authorizesuch disclosures under Section164,512(e)(l) of the privacy regulations issued pursuant to the Health Insurance Portabilityand Accountability of 1996(HIPAA). Act Nothingin this Ordershallbe deemed relieveany parfyor attorney to of the requirements the Federal of Rulesof Civil Procedure. Nothingin this Order permits disclosureof confidentialcommunications, made for the purposes diagnosisor treatmentof a patient's mental or emotional of condition,including alcohol or drug addiction,among the patient, the patient's psychotherapist, persons and who areparticipating the diagnosis in or treatment underthe directionof the psychotherapist, includingmembers of the patient'sfamily, nor doesthis Orderpermit disclosure records of or information relating HIV testing sexually to or transmitted disease. Nothingin this Ordershallbe construed authorize partyor any to any attorney any party to release, for exchange, submit,or shareany Protected HealthInformationwith any otherpersonor any otherentity, otherthan the agent employee the attorney party. This Orderprohibits or of or parties from usingor disclosing Protected the HealthInformation any purpose other for thanthis litigationor proceedings. At the conclusionof this action and at the written requestof an HealthInformation IndividualwhoseProtected has beendisclosed, such or representative, recipients the Protected Individual'sauthorized all Health of Information shallreturnto the requesting partythe documents all copies and thereofcontaining Protected HealthInformation received them pursuant by to this Order,except that Protected HealthInformation, which is included in insurance claim files and law firm litigationfiles, may be retained allow to compliance the extentandfor the periodthat suchretention required to is by Arkansas lawsandthe Arkansas insurance State Bar rulesandresulations. IT IS SO ORDEREDthis the ZtfL day of July, 201I . f^^*,* l<. d+,* ,,r PaulK. Holmes, III UnitedStates DistrictJudee 302144,1/BMN,bmn

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