Tavares v. Lawrence and Memorial Hospital

Filing 39

RULING (see attached) denying 26 Motion to Quash Subpoena Duces Tecum by non-party Nina Rossomando. In the interest of protecting the privacy of Lori Tavares and Joseph Tavares with respect to the subpoenaed records at issue, the Court cont emporaneously enters the attached HIPAA Qualified Protective Order with Respect to Marital Therapy Records to be Produced by Nina Rossomando, Ph.D. Signed by Judge Charles S. Haight, Jr. on September 20, 2012. (Attachments: # 1 HIPAA Qualified Protective Order) (Dorais, L.)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
LORI TAVARES,
Plaintiff,
3: 11 - CV - 770 (CSH)

v.
LAWRENCE & MEMORIAL HOSPITAL,
Defendant.

HIPAA QUALIFIED PROTECTIVE ORDER
WITH RESPECT TO MARITAL THERAPY RECORDS TO BE PRODUCED
BY NINA ROSSOMANDO, Ph.D.
HAIGHT, Senior District Judge:
WHEREAS the defendant Lawrence & Memorial Hospital (“defendant” or “L&M”) seeks
access to any and all records, notes and other documents, including any documents maintained or
created electronically, relating to marital therapy of Lori Tavares (“plaintiff”) and Joseph Tavares
since January 2005 to the present held by psychologist Nina Rossomando, Ph.D. (“Dr.
Rossomando”);
WHEREAS Joseph Tavares is plaintiff’s husband and a non-party to this action;
WHEREAS L&M has sought, pursuant to Federal Rule of Civil Procedure 26(c), a qualified
protective order to govern “the use, disclosure and disposition of” the marital therapy records of Lori
Tavares and Joseph Tavares, “which are private and confidential pursuant to the Health Insurance
Portability and Accountability Act of 1996 (HIPAA),” (Doc. #34-1);
WHEREAS pursuant to Rule 26(c), “the court may, for good cause, issue an order to protect
a party or person from annoyance, embarrassment, oppression, or undue burden or expense” by,
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inter alia, “specifying terms” for the disclosure or discovery;
WHEREAS the Court finds that good cause exists for issuance of an order permitting the
limited disclosure of the marital therapy records of Lori Tavares and Joseph Tavares, as described
in paragraph one of this Order and pursuant to Rule 26(c);

THEREFORE, IT IS HEREBY ORDERED:
1.

This Order applies to the marital therapy records defendant requests from Dr. Rossomando,

a health care provider who is a “covered entity” as defined by 45 C.F.R. §160.103 and who has
received and/or will receive a request or subpoena for protected health information.
2.

Pursuant to 45 C.F.R. §164.512(e) of the Privacy Regulations issued pursuant to the Health

Insurance Portability and Accountability Act of 1996 (“HIPAA”), this Order authorizes Dr.
Rossomando, when provided with a subpoena requesting the production of documents or
commanding attendance at deposition or trial to disclose protected health information in response
to such request or subpoena, subject to any objection pursuant to the Federal Rules of Civil
Procedure, or claim of confidentiality or privilege that any party or non-party with standing may
have, and pursuant to the following conditions:
(a)

All protected health information disclosed by Dr. Rossomando shall be used
for the sole purpose of preparing or conducting this litigation, including, but
not limited to investigation, consultation, discovery, depositions, trial
preparation, trial, appeal, resolution, mediation, or uses incidental to the
proceedings in the case and shall not be disclosed or revealed to anyone not
authorized by this Protective Order.

(b)

Protected health information pursuant to this HIPAA Qualified Order may
include information related to sexually transmitted disease, genetic testing,
HIV, behavioral or mental health services, and treatment for alcohol and drug
abuse.

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(c)

Protected health information may be disclosed without further notice by Dr.
Rossomando or any party or party’s attorney, to:
(1)

The parties themselves, parties’ attorneys, experts,
consultants, any witness or other person retained or called by
the parties, treating physicians, other health care providers,
insurance carriers, or other entities from whom damages,
compensation, or indemnity is sought and any entity
performing monitoring or adjustment activities on behalf of
such insurance carrier or other entity and/or their employees,
agents, or third-party administrators for any of the parties
involved in the litigation, court reporters, copy services, other
similar vendors to the parties and their attorneys, as well as
the professional and support staff of all of the above.

(2)

The parties and each entity governed by this Order shall either
(a) destroy or (b) return to Dr. Rossomando all protected
health information and/or records, including all copies made;
provided however that said protected information may be
retained in the files of the entities listed in paragraph (1)
above, and may be destroyed pursuant to their regular file
retention policies so long as the protected health information
and/or records are maintained in a secure environment to
prevent unauthorized access or disclosure.

It is SO ORDERED.
Dated: New Haven, Connecticut
September 20, 2012

/s/Charles S. Haight, Jr.
Charles S. Haight, Jr.
Senior United States District Judge

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