Pendegraft v. Kreke et al
Filing
44
PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 9/16/15. (sgp)
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
CURTIS PENDEGRAFT, #B28676,
Plaintiff,
vs.
ALBERTO BUTILAID, et al.
Defendants.
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Cause No.3:15-cv-00816-NJR-DGW
HIPAA QUALIFIED PROTECTIVE ORDER
THIS CAUSE COMES TO BE HEARD on the motion of Defendant Brandi Beasley, for
a HIPAA Qualified Protective Order, the Court finds that good cause exists for the entry of a
HIPAA Qualified Protective Order to prevent the unauthorized disclosure and direct the use of
the 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 Federal Regulations promulgated pursuant to said Act.
(a) All protected health information disclosed by any of Plaintiff’s health care
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 health care provider, part 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 health care 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 CFR
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: September 16, 2015
DONALD G. WILKERSON
United States Magistrate Judge
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