Grayson v. Goetting et al

Filing 47

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 8/14/15. (sgp)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EAST ST. LOUIS

OMAR GRAYSON, #R-48244,
Plaintiff,
-vsJODY GOETTING, et al.,
Defendants.

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No.:

15-198-NJR-DGW

HIPAA QUALIFIED PROTECTIVE ORDER
THIS CAUSE COMES TO BE HEARD on the motion of Defendants for a HIPAA
Qualified Protective Order. The Court finds that good cause exists for the 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.
Accordingly, it is hereby ordered:
1.

All records produced by the parties to this litigation are produced subject
to this Order.

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 promulgated
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 this 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 the 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 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: August 14, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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