Randle v. Chase Bank et al

Filing 63

STIPULATED HIPAA QUALIFIED PROTECTIVE ORDER. Entered by Magistrate Judge Jonathan E. Hawley on 11/22/16. (WG, ilcd)

E-FILED

Tuesday, 22 November, 2016 10:41:27 AM
Clerk, U.S. District Court, ILCD
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
HURLESTINE RANDLE,
Plaintiff,
v.
CHASE BANK, GREG HANEY and BEV
DAVIS ANDERSON,
Defendants.

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Case No. 13-1503

Judge: Sara Darrow
Magistrate Judge: Jonathan Hawley

STIPULATED HIPAA QUALIFIED PROTECTIVE ORDER
Upon the stipulations of the parties and the Court being otherwise fully advised in the
premises, this Court finds that good cause exists for entry of a HIPAA Qualified Protective Order
to prevent unauthorized disclosure and direct the use of protected health information during the
course of this litigation, pursuant to Fed. R. Civ. P. 26(c).
Accordingly, IT IS HEREBY ORDERED:
1.

During the course of this litigation, the parties shall recognize it may be necessary

to disclose protected health information of the Plaintiff, as that term is defined under the Health
Insurance Portability and Accountability Act (HIPAA) and the Federal Regulations enacted
pursuant to said Act.
2.

This Order shall apply to any records produced by a covered entity, as defined by

45 C.F.R. §160.103, which receives a request to produce or a subpoena for protected health
information.
3.

All protected health information disclosed by any covered entities shall be used

for the sole purpose of preparing for or conducting this litigation, including but not limited to

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discovery, depositions, trial preparation, trial, or appeal, and shall not be disclosed or revealed to
anyone not authorized by this Protective Order.
4.

Protected health information may be disclosed by any covered entity, health care

provider, insurer, party, party's retained expert, or party’s attorney without further notice to the
following:
a.

b.

Experts and consultants and their employees and clerical assistants who
are employed, retained or otherwise consulted by counsel of the parties to
assist in the preparation and trial of this litigation;

c.

Treating physicians;

d.

Other health care providers;

e.

Liability insurers of any of the parties involved in the litigation;

f.

Health oversight activity proceedings as permitted under 45 CFR §164.52;
and

g.
5.

Parties to the litigation and counsel for the respective parties to this
litigation and their employees who are assisting in the prosecution or
defense of this litigation;

Copying services for the purposes of copying records subject to this Order.

The parties and each entity governed by this Order shall destroy or return to the

entity who originally produced it, all protected health information including all copies made,
provided, however, said protected health information may be retained in the files of the law firms
handling this litigation and may be destroyed pursuant to their regular file retention policies so
long as the protected health information is maintained in a secure environment.
6.

This Protective Order shall survive the final conclusion of this litigation and shall

continue in full force and effect, and the Court shall retain jurisdiction to enforce this Protective
Order.

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7.

This Order does not change or affect notice and other procedural requirements of

the Federal Rules of Civil Procedure. The Defendants may contact a covered entity for the sole
purposes of obtaining copies of records previously subpoenaed or requested by authorization, or
to schedule depositions. Likewise, nothing in this order relieves any party from complying with
the requirements of the Illinois Mental Health and Developmental Disabilities Confidentiality
Act (740 ILCS 110/1, et seq), the Aids Confidentiality Act (410 ILCS 305/1, et seq), or state and
federal law that protects certain drug and alcohol records (20 ILCS 301/30-5, 42 USC §290dd-3
and 290ee-3, and 42 CFR Part 2).

November 22, 2016
ENTERED: ___________________________

s/ Jonathan E. Hawley
JUDGE

AGREED TO:

/s/Warren E. Danz
Warren E. Danz
Attorneys for Plaintiff

/s/ L. Lee Smith
L. Lee Smith
Attorneys for Defendants

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