Avalon Surgery and Robotic Center, LLC v. Cigna Health and Life Insurance Company et al

Filing 25

QUALIFIED HIPAA PROTECTIVE ORDER 24 by Magistrate Judge John E. McDermott. [See document for details.] (es)

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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Case No.2:20—cv-05744 DSF
AVALON SURGERY AND
(
JEMx)
ROBOTIC CENTER,LLC,a
California limited liability company, Hon. Dale S. Fischer

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Plaintiff,

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]QUALIFIED HIPAA
PROTECTIVE ORDER [Discovery
Document: Referred to Magistrate
Judge John E. McDermott]

v.
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CIGNA HEALTH AND LIFE
INSURANCE COMPANY,a
Connecticut Corporation DBA
CONNECTICUT GENERAL LIFE
INSURANCE COMPANY,an
operating subsidiary of Cigna
Corporation; EMBASSY OF THE
STATE OF KUWAIT,an entity
representing the government ofthe
State of Kuwait in the United States;
KUWAIT CULTURAL OFFICE, a
specialized agency ofthe government Complaint Filed: Apri18, 2020
ofthe State of Kuwait; and DOES 1
THROUGH 10 inclusive,

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Defendants.

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[PROPOSED] QUALIFIED HIPAA PROTECTIVE ORDER

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1.

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

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under the Health Insurance Portability and Accountability Act, specifically 45

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

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Protective Order (QPO).

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2.

GOOD CAUSE STATEMENT: This matter involves medical

6 ~ service payment disputes. Discovery in this matter requires disclosure of
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sensitive patient information and medical records protected under HIPAA. To

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ensure safeguards for patients' protected health information ("PHI"), the parties

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seek to enter in to this QPO to further protect patient medical records produced

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and medical information disclosed in this matter.

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3.

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

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a)

prohibited from using or disclosing any protected heath information

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

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litigation of the above-styled lawsuit; and

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b) required to destroy all copies of the PHI (including permanent deletion

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

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entity at the conclusion of the above-styled lawsuit.

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4.

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

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

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a party or a party's counsel. "Litigation" is understood to include all appellate

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proceedings or the expiration of time to commence such appellate proceedings

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without appeal.

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5.

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

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

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

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the attorneys, agents, employees, and designees of each party or each party's legal

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counsel in this case PHI pertaining to the medical service claims referenced in the

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complaint.
[PROPOSED) QUALIFIED HiPAA PROTECTIVE ORDER

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6.

The authorizations and orders set forth herein expressly include PHI

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concerning psychological and mental health records, disability status and records,

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substance abuse and treatment history, and HIV status, as well as records

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concerning other sexually transmitted diseases if so requested.

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Pursuant to 45 C.F.R. section 164.512(el(11(il and for purposes of

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

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

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court reporter service, videographer service, translation service, photocopy

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service, document management service, records management service, graphics

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

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

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

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

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

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submitted to this Court's jurisdiction during the pendency ofthe above-styled

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matter for purposes of enforcement of this order.

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8.

Unless a motion for enforcement ofthe QPO has been filed in this

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

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ofthe litigation as defined in paragraph 3.

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This QPO is self-executing and effective upon entry.

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10.

A copy ofthis QPO shall be valid as an original.

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IT IS SO ORDERED
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DATED: ~ ~ 1 ~~3~~
gistrate Judge

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[PROPOSED] QUALIFIED HIPAA PROTECTIVE ORDER