Smado v. Rains et al

Filing 28

PROTECTIVE ORDER (HIPAA). Signed by Magistrate Judge Donald G. Wilkerson on 11/30/2017. (sgp)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
SCOTT SMADO, #B03278,
Plaintiff,
v.
DEREK RICE, TRAVIS JAMES, AND JAKE
BROOKHART,
Defendants.

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Cause No. 3:17-cv-00810-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
Defendants Derek Rice and Travis James. 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 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,
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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: November 30, 2017

DONALD G. WILKERSON
United States Magistrate Judge

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