Turner v. Salinas

Filing 107

ORDER signed by Magistrate Judge Kendall J. Newman on 12/3/12 ORDERING that plaintiffs counsel and their staff, including a photocopy service, is granted access to review and photocopy the confidential medical and mental health records for plainti ff Anthony Turner, Inmate Identification #G-27511, from January 1, 2012, through November 30, 2012, that are in the possession of the California Department of Corrections and Rehabilitation, subject to the above protective order; Within 45 day s from the date of this order, plaintiffs counsel shall file a written status update as to plaintiffs condition; and the Clerk of the Court is directed to send a copy of this order to Monica Anderson, Supervising Deputy Attorney General. (cc Monica Anderson)(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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Plaintiff,

No. 2:10-cv-1848 MCE KJN P

vs.
WARDEN SALINAS, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner proceeding through counsel. Plaintiff is presently

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incarcerated at Salinas Valley State Prison. On October 19, 2012, plaintiff was directed to file a

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report on plaintiff’s health status. Plaintiff filed a status report, and defendants filed a response.

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Plaintiff was unable to review plaintiff’s confidential medical or mental health records due to the

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Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and seeks a court order

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allowing such access. Although plaintiff’s counsel was able to glean some information from

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plaintiff’s central file, review of the medical records would enable counsel to obtain more

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information as to plaintiff’s health status to assist the court in further scheduling. Defendants do

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not oppose allowing plaintiff’s counsel’s access to these records.

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HIPAA prohibits the wrongful disclosure of individually identifiable health
information, defined as information that relates to the physical or mental health or condition of
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an individual, or the provision of health care to an individual, that identifies the individual. 42

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U.S.C. § 1320d-6; 45 C.F.R. § 160.103. Under HIPAA, disclosure is permitted, inter alia,

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pursuant to a court order, subpoena, or discovery request when the healthcare provider “receives

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satisfactory assurance from the party seeking the information that reasonable efforts have been

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made by such party to secure a qualified protective order. . . .” 45 C.F.R. § 164.512(e)(1)(ii)(B).

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The protective order must prohibit “using or disclosing the protected health information for any

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purpose other than the litigation . . .” and “[r]equire [] the return to the covered entity or

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destruction of the protected health information . . . at the end of the litigation or proceeding.” 45

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C.F.R. § 164.512(e)(1)(v); see also Crenshaw v. MONY Life Ins. Co., 318 F.Supp.2d 1015, 1029

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(S.D. Cal. 2004).
Here, the court orders that plaintiff’s counsel shall be granted access to review,

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and to photocopy, plaintiff’s medical and mental health records from the time period of January

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1, 2012, through November 30, 2012, in the possession of the California Department of

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Corrections and Rehabilitation. Because these records are being reviewed solely for the purpose

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of determining plaintiff’s current health status and its impact on the further scheduling of this

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case, the court does not grant access to defendants. In keeping with HIPAA, plaintiff’s counsel is

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prohibited from using or disclosing plaintiff’s medical and mental health records for any purpose

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other than the litigation of this matter. Disclosure is limited to plaintiff’s attorneys and their staff

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working in conjunction with this matter, including any photocopy service that plaintiff’s counsel

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may employ to obtain these records. At the conclusion of this litigation, plaintiff’s counsel shall

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return or destroy such records, including all copies.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s counsel and their staff, including a photocopy service, is granted

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access to review and photocopy the confidential medical and mental health records for plaintiff

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Anthony Turner, Inmate Identification #G-27511, from January 1, 2012, through November 30,

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2012, that are in the possession of the California Department of Corrections and Rehabilitation,
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subject to the above protective order;

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2. Within forty-five days from the date of this order, plaintiff’s counsel shall file a
written status update as to plaintiff’s condition; and

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3. The Clerk of the Court is directed to send a copy of this order to Monica

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Anderson, Supervising Deputy Attorney General.

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DATED: December 3, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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turn1848.hippa

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