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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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 .

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PaulK. Holmes,
III
UnitedStates
DistrictJudee

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