Kane v. Santos et al
Filing
25
PROTECTIVE ORDER (HIPAA). Signed by Magistrate Judge Donald G. Wilkerson on 1/2/2018. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
U.S. DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ILLINOIS, EAST ST. LOUIS DIVISION
ADAM R. KANE, #R09804,
Plaintiff,
v.
No. 3:17-cv-01054-NJR-DGW
DOCTOR SANTOS, MEDICAL DIRECTOR
CENTRALIA C.C., NURSE PICKETT,
NURSE SCHUMUKOR, and WARDEN OF
CENTRALIA CORRECTIONAL CENTER,
Judge Nancy J. Rosenstengel
Magistrate Judge Donald G. Wilkerson
Defendants.
HIPAA QUALIFIED PROTECTIVE ORDER
THIS CAUSE COMES ON TO BE HEARD on the Motion of the Defendant VENERIO
SANTOS, M.D., 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
attorneys of record in this litigation upon request of said attorneys.
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 to produce 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
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)
Protected 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, party or parties' attorney, or
attorney for a deponent or respondent in discovery, without further notice
to:
(i)
The parties themselves, parties’ attorneys, experts, consultants, any
witness or other person retained or called by the parties, deponents,
respondents in discovery or their attorneys, 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 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.
(ii)
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: January 2, 2018
DONALD G. WILKERSON
United States Magistrate Judge
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