Adel F Samaan v. Connecticut General Life Insurance Company et al

Filing 21

QUALIFIED HIPAA PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 20 . In accordance with, and as defined by, the regulations promulgated under the Health Insurance Portability and Accountability Act, specifically 45 C.F.R. part 164.512(e)(1)(ii) and (v), the Court hereby enters a HIPAA Qualified Protective Order (QPO). (See Order for details.) (mp)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
9

FOR THE CENTRAL DISTRICT OF CALIFORNIA
10
11
12

Plaintiff,

13
14

Case No. 2:17-cv-01723 DSF (AGRx)

ADEL F. SAMAAN, M.D.,

QUALIFIED HIPAA PROTECTIVE
ORDER

vs.

15
16
17
18

CONNECTICUT GENERAL LIFE
INSURANCE COMPANY; CIGNA
HEALTH AND LIFE INSURANCE
COMPANY; and DOES 1 through
100,

19
20

Defendants.

21
22
23
24
25
26
27
28

1

QUALIFIED HIPAA PROTECTIVE ORDER

1

1.

In accordance with, and as defined by, the regulations promulgated

2

under the Health Insurance Portability and Accountability Act, specifically 45

3

C.F.R. part 164.512(e)(1)(ii) and (v), the Court hereby enters a HIPAA Qualified

4

Protective Order (QPO).

5

2.

6

Pursuant to this QPO, all parties to this lawsuit are:
a)

prohibited from using or disclosing any protected heath

7

information (PHI) produced or disclosed by a party in this case, for any purpose

8

other than preparing for and conducting litigation of the above-styled lawsuit,

9

including but not limited to investigation, consultation, discovery, depositions,

10

trial preparation, trial, appeal, resolution, mediation, or uses incidental to the

11

proceedings in the case; and

12

b)

required to destroy all copies of the PHI (including permanent

13

deletion of electronically-stored copies of the PHI), or to return them to the

14

disclosing entity at the conclusion of the above-styled lawsuit.

15

3.

For purposes of this QPO, “conclusion” is understood to include the

16

time for any records retention requirement and statute of limitations applicable to

17

a party or a party’s counsel. “Litigation” is understood to include all appellate

18

proceedings or the expiration of time to commence such appellate proceedings

19

without appeal.

20

4.

Pursuant to 45 C.F.R. part 164.512(e)(1)(i) and for purposes of

21

HIPAA compliance, without waiver of any objection or privilege, the parties and

22

their witnesses are expressly and specifically authorized to use or to disclose to

23

the attorneys, agents, employees, experts, consultants, any witness or other person

24

retained or called by the parties, treating physicians, other healthcare providers,

25

and designees of each party or each party’s legal counsel in this case PHI

26

pertaining to the three (3) medical service claims referenced in the complaint.

27
28

2

QUALIFIED HIPAA PROTECTIVE ORDER

1

5.

The authorizations and orders set forth herein expressly include PHI

2

concerning psychological, behavioral, and mental health treatment, disability

3

status and developmental disabilities treatment, substance abuse and treatment

4

history, genetic testing, and HIV/AIDS status and treatment, as well as records

5

concerning other sexually transmitted diseases if so requested.

6

6.

Pursuant to 45 C.F.R. section 164.512(e)(1)(i) and for purposes of

7

HIPAA compliance, without waiver of any objection or privilege, any person or

8

entity authorized or ordered above to use or disclose PHI with, to, or before any

9

court reporter service, videographer service, translation service, photocopy

10

service, document management service, records management service, graphics

11

service, or other such litigation service, designated by a party or a party’s legal

12

counsel in this case. The protections and requirements of paragraph 2 of the QPO

13

apply to such service providers. Each party or the party’s legal counsel is charged

14

with obtaining advance consent of such service to comply with this paragraph.

15

Upon such consent, the service provider will be deemed to have voluntarily

16

submitted to this Court’s jurisdiction during the pendency of the above-styled

17

matter for purposes of enforcement of this order.

18

7.

Unless a motion for enforcement of the QPD has been filed in this

19

case and remains pending at the time, the QPD shall expire upon the conclusion

20

of the litigation as defined in paragraph 3.

21

8.

This QPD self-executing and effective upon entry.

22

9.

A copy of this QPD shall be valid as an original.

23

IT IS SO ORDERED.

24
25

DATED: May 18, 2017

_____________________________
Hon. Alicia G. Rosenberg
United States Magistrate Judge

26
27
28

3

QUALIFIED HIPAA PROTECTIVE ORDER

1

Submitted by:

2

Tammy C. Weaver (SBN 240536)
COLE PEDROZA LLP
2670 Mission Street, Suite 200
San Marino, CA 91108
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
Connecticut General Life Insurance
Company and Cigna Health and Life
Insurance Company

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4

QUALIFIED HIPAA PROTECTIVE ORDER