Maya v. Illinois Department of Corrections et al

Filing 29

PROTECTIVE ORDER (HIPAA). Signed by Magistrate Judge Donald G. Wilkerson on 10/16/2017. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SOCORRO MAYA, #R33278
Plaintiffs,
v.
ILLINOIS DEPARTMENT OF
CORRECTIONS, WEXFORD HEALTH
SOURCES, INC., LOUIS SHICKER, JOHN
BALDWIN, KIMBERLY BUTLER, L.
LASHBROOK, J. TROST, GARCIA, RITZ,
EINWOHNER, CHRISTOPHER MATHIS,
KELLY PIERCE and UNKNOWN PARTY,
Defendants.

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Cause No. 3:17-cv-0546-NJR-DGW

HIPAA-QUALIFIED PROTECTIVE ORDER
Before the Court is a Motion for a Qualified Protective Order pursuant to 45
C.F.R. 164.152 of the Health Insurance Portability and Accountability Act (HIPAA), filed
by Defendant. 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 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 also 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 Plaintiffs
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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.P.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: October 16, 2017

DONALD G. WILKERSON
United States Magistrate Judge
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