Williams v. Fahim et al

Filing 37

HIPAA QUALIFIED PROTECTIVE ORDER. Granting 34 MOTION for Protective Order filed by Dr Fahim. Signed by Magistrate Judge Donald G. Wilkerson on 7/30/2012. (hbs)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ROBERT WILLIAMS,
Plaintiff,
v.
DR. FAHIM,
Defendant.

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Case No. 3:11-cv-447-DGW

HIPAA QUALIFIED PROTECTIVE ORDER
This matter is before the Court on the Motion for HIPAA Qualified Protective
Order filed by Defendant Fahim (Doc. 34). The motion is GRANTED.
This motion seeks access to Plaintiff Robert Williams’ 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 the Plaintiff’s medical records shall be released to the

attorneys of record in this litigation upon request of said attorneys.
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 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.
(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,
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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 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: July 30, 2012
DONALD G. WILKERSON
United States Magistrate Judge

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