Wells v. Randale et al

Filing 46

ORDER GRANTING 45 Motion for Order to File HIPAA Qualified Protiective Order filed by Terry L McCann, Michael P. Atchison, S A Godinez, William Spiller and HIPPA QUALIFIED PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 6/6/12. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BOBBY WELLS,
Plaintiff,
v.
WILLIAM SPILLER, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 11-cv-00164-GPM-DGW

HIPAA QUALIFIED PROTECTIVE ORDER
This matter is before the Court on the Motion for HIPAA Qualified Protective Order filed
by Defendants Michael Atchison, Salvador Godinez, Terry McCann and William Spiller (Doc.
45). The motion is GRANTED.
The motion seeks access to Plaintiff Bobby Wells’s, medical records and a protective
order to restrict the use of such records, which are private and confidential pursuant to the Health
Insurance Portability and Accountability Act (HIPAA). Rule 26 of the Federal Rules of Civil
Procedure permits litigants to seek an order to protect relevant and discoverable material.
Defendant stipulates that Plaintiff's medical records will only be used for the purposes of this
litigation, and that a protective order will secure Plaintiff's protected health information from
unauthorized disclosure.

The Court finds that good cause exists for issuance of an order

permitting limited disclosure of such information, and that entry of this Order is appropriate
pursuant to Federal Rule of Civil Procedure 26(c).
THEREFORE, IT IS HEREBY STIPULATED AND ORDERED:
1.

The Court orders that Plaintiff's medical records shall be released to the attorney

of record in this litigation, Erin O’Boyle, upon request of said attorney.

2.

This Order applies to any records produced by a covered entity as defined by 45

C.F.R. 160.103 which has received a request or subpoena for protected health information.
3.

During the course of this litigation, it may be necessary for the parties or their

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

All protected health information disclosed by any of Plaintiff’s healthcare
providers shall be used for the sole purpose of preparing for or conducting
this litigation, including, but not limited to investigation, consultation,
discovery, depositions, trial preparation, trial, appeal, resolution,
mediation, or uses incidental to the proceeding in the case and shall not be
disclosed or revealed to anyone not authorized by this Protective Order;

(b)

Protective 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;

(c)

Protected health information may be disclosed without further notice by
any covered entity or healthcare provider, party or parties’ attorney, to:
(1)

the parties themselves, parties’ attorneys, experts, consultants, any
witness or other person retained or called by the parties, treating
physicians, other healthcare 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 litigation; in any proceeding for health
oversight activities as permitted under 45 C.F.R. 164.512, 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 the entity who originally produced it, all
protected health information, including all copies made, provided,
however, that said protected health information may be retained in
the files of the entities listed in paragraph (1) above and may be

2

destroyed pursuant to their regular file retention policies so long as
the protected health information is maintained in a secure
environment.
IT IS SO ORDERED.
DATED: June 6, 2012

_____________________________
DONALD G. WILKERSON
United States Magistrate Judge

3