Lynom v. Hanes et al

Filing 23

PROTECTIVE ORDER (HIPAA). Signed by Magistrate Judge Donald G. Wilkerson on 10/5/2017. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TERRENCE LYNOM,
Plaintiff,
vs.
LT. HANES,
JEREMY MOUNT;
TRAVIS SCOTT, and
NURSE SHIRLEY,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Law No. 3:17-cv-00682-JPG-DGW

HIPAA QUALIFIED PROTECTIVE ORDER
THIS CAUSE COMES ON TO BE HEARD on the Motion of the 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 the unauthorized disclosure and direct the use of
protected health information during the course of this litigation. Accordingly, IT IS HEREBY
ORDERED:
1.

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

attorney of record in this litigation upon request of said attorney. That attorney is Douglas R.
Heise.
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

Page 1 of 2

05415-S2281

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, 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 thirdparty 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.

DATED: October 5, 2017

DONALD G. WILKERSON
United States Magistrate Judge
Page 2 of 2