Maley v. Corizon Health, Inc. et al

Filing 32

Qualified PROTECTIVE ORDER. Signed by Magistrate Judge G. R. Smith on 8/3/16. (wwp)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
C..)

BELINDA LEE MALEY, individually,
and on behalf of the ESTATE of
MATTHEW CLINTON MR. LOFLIN,
deceased,

C/A No.: 4:16-CV-00060-WTs4-GR
PLAINTIFF,
V

.

CORIZON HEALTH, INC a Delaware
Corporation, et al.,
DEFENDANTS.
QUALIFIED PROTECTIVE ORDER
Presently before the Court is the Parties' Joint Motion for a Qualified
Protective Order (doc. 30). The Court recognizes that certain documents and
electronically stored information ("Protected Documents"), which may be relevant to
the claims or defenses at issue in this litigation, or may be responsive to discovery
requests, may include information that is considered privileged under federal or
state law.
Therefore, the Court hereby ORDERS that the Parties may produce
Protected Documents, that is, those certain documents containing Protected Health
Information ("PHI"), as defined by HIPAA's Privacy Rule, 45 C.F.R. § 164.501 and
as extended under the HITECH Act, 111 P.L. 5 (2009), including Protected
Documents containing or referencing information privileged under federal or
Georgia law, as follows:

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1.

The Defendants may produce Protected Documents containing the

Protected Health Information of Matthew Loflin, Deceased, as the named party in
this case, without any further judicial oversight, need for proof of satisfactory
assurances, or notice and an opportunity to object;
2.

The Defendants may produce Protected Documents containing the

Protected Health Information for any patients who are also represented by
Plaintiffs counsel upon satisfactory proof of representation without any further
judicial oversight, need for satisfactory assurances, or notice and an opportunity to
object;
3.

For all other PHI which is contained in the Protected Documents:
a) The Parties will not use or disclose any PHI, including that contained
within the Protected Documents, for any purpose other than
prosecuting or defending the claims in this litigation, as required by 45
C.F.R. § 164.512(e)(1)(v)(A);
b) Any such PHI disclosed (including all copies) will be returned to the
producing party or destroyed at the end of the litigation, as required by
45 C.F.R. § 164.512(e)(1)(v)(B);
c) Prior to disclosing any PHI, all personal identifiers will be redacted'
from the PHI unless the requesting

party provides written

documentation of the existence of an attorney-client relationship with
the patient at issue and satisfactory indicia of authorization for
disclosure, including, but not limited to, a signed authorization or
1

Such redactions will obliterate and completely obscure the personal identifiers.

other evidence that notice and an opportunity to object is not needed.
Further, if the information produced as redacted would otherwise
enable that patient to be identified, such information will be redacted;
d) No mental health information will be produced and the producing
parties shall redact any mental health information in accordance with
FRE 501(a) and O.C.G.A. §24-5-501(a), 24-12-1, 37-3-166, et seq., and
43-39-16;
e) No confidential HIV or AIDS information will be produced and the
producing parties shall redact any such information in accordance with
O.C.G.A. §31-22-9.1, 24-9-40.1, and 24-9-47; and
f) No confidential alcohol andior drug abuse information will be produced
and the producing parties shall redact any such information in
accordance with the Federal Alcohol and Drug Regulations, 42 C.F.R.
Part 2.
4.

The Protected Documents can be used or disclosed to the following people

without proof of notice of this Order:
a) The parties to this case;
b) attorneys, consultants, employees, contractors, and other agents of the
counsel of record for the parties in this case; and
c) The judges in this matter, the judges' staff and law clerks;

5.

The Protected Documents can be used or disclosed to the following people

with proof that they have been counseled as to the existence of this Order and have
agreed to follow it:
a)

Lay witnesses, expert witnesses and court reporters;

b)

mediators, arbitrators, and any other persons mutually permitted to be
present at the depositions, mediation, arbitration and/or trial in this
matter;

6.

The Protected Documents may be filed in Court only upon order from the

Court and only under the terms specified in such order;
7.

The Protected Documents will not be disclosed to any media (print, visual,

audio, or electronic).
8.

Any person or entity who receives PHI pursuant to paragraphs (4) and (5),

above, is prohibited from using the PHI for any purpose other than this litigation;
9. Neither a party's request for, nor the Court's issuance of, a Qualified
Protective Order precludes a party from later opposing or seeking the admissibility
of particular evidence; and
10. This Qualified Protective Order will expire at the close of the litigation,
including all appeals, for the above-referenced case.
The Court hereby approves and incorporates by reference the Parties' agreed
upon terms and conditions as set forth in the Joint Motion. Further, it is hereby
ORDERED that any PHI contained within the Protected Documents may be
disclosed and used for the limited purpose of prosecuting or defending the above-

referenced action in accordance with the terms of this Consent Qualified Protective
Order.
SO ORDERED thi8.2iay of August 2016.

UNITED SATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA