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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE CENTRAL DISTRICT OF CALIFORNIA 9 10 11 Case No.2:20—cv-05744 DSF AVALON SURGERY AND ( JEMx) ROBOTIC CENTER,LLC,a California limited liability company, Hon. Dale S. Fischer 12 Plaintiff, 13 ]QUALIFIED HIPAA PROTECTIVE ORDER [Discovery Document: Referred to Magistrate Judge John E. McDermott] v. 14 15 16 17 18 19 20 21 22 23 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, 24 25 Defendants. 26 27 28 1 [PROPOSED] 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. GOOD CAUSE STATEMENT: This matter involves medical 6 ~ service payment disputes. Discovery in this matter requires disclosure of 7 sensitive patient information and medical records protected under HIPAA. To 8 ensure safeguards for patients' protected health information ("PHI"), the parties ►`: seek to enter in to this QPO to further protect patient medical records produced 10 and medical information disclosed in this matter. 11 3. Pursuant to this QPO, all parties to this lawsuit are: 12 a) prohibited from using or disclosing any protected heath information 13 (PHI) produced or disclosed by a party in this case, for any purpose other than the 14 litigation of the above-styled lawsuit; and 15 b) required to destroy all copies of the PHI (including permanent deletion 16 of electronically-stored copies of the PHI), or to return them to the disclosing 17 entity at the conclusion of the above-styled lawsuit. 18 4. For purposes of this QPO, "conclusion" is understood to include the 19 time for any records retention requirement and statute of limitations applicable to 20 a party or a party's counsel. "Litigation" is understood to include all appellate 21 proceedings or the expiration of time to commence such appellate proceedings 22 without appeal. 23 5. Pursuant to 45 C.F.R. part 164.512(e)(1)(i) and for purposes of 24 HIPAA compliance, without waiver of any objection or privilege, the parties and 25 their witnesses are expressly and specifically authorized to use or to disclose to 26 the attorneys, agents, employees, and designees of each party or each party's legal 27 counsel in this case PHI pertaining to the medical service claims referenced in the 28 complaint. [PROPOSED) QUALIFIED HiPAA PROTECTIVE ORDER 1 6. The authorizations and orders set forth herein expressly include PHI 2 concerning psychological and mental health records, disability status and records, 3 substance abuse and treatment history, and HIV status, as well as records 4 concerning other sexually transmitted diseases if so requested. 5 7 . Pursuant to 45 C.F.R. section 164.512(el(11(il and for purposes of 6 HIPAA compliance, without waiver of any objection or privilege, any person or 7 entity authorized or ordered above to use or disclose PHI with, to, or before any 8 court reporter service, videographer service, translation service, photocopy 9 service, document management service, records management service, graphics 10 service, or other such litigation service, designated by a party or a party's legal 11 counsel in this case. The protections and requirements of paragraph 2 ofthe QPO 12 apply to such service providers. Each party or the party's legal counsel is charged 13 with obtaining advance consent of such service to comply with this paragraph. 14 Upon such consent, the service provider will be deemed to have voluntarily 15 submitted to this Court's jurisdiction during the pendency ofthe above-styled 16 matter for purposes of enforcement of this order. 17 8. Unless a motion for enforcement ofthe QPO has been filed in this 18 case and remains pending at the time, the QPO shall expire upon the conclusion 19 ofthe litigation as defined in paragraph 3. 2 0 9 . This QPO is self-executing and effective upon entry. 21 10. A copy ofthis QPO shall be valid as an original. 22 IT IS SO ORDERED 23 24 25 2 6 DATED: ~ ~ 1 ~~3~~ gistrate Judge 27 28 3 [PROPOSED] QUALIFIED HIPAA PROTECTIVE ORDER

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