Rogers v. Brookhart et al

Filing 17

HIPPA QUALIFIED PROTECTIVE ORDER. Signed by Judge Staci M. Yandle on 10/15/2020. (amv)

Case 3:20-cv-00034-SMY Document 17 Filed 10/15/20 Page 1 of 2 Page ID #70

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

TONY ROGERS,
# n34139,

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Plaintiff,
vs.
BROOKHART, ET AL,
Defendants.

Case No. 20-34-SMY

HIPAA QUALIFIED PROTECTIVE ORDER
YANDLE, District Judge:
The Court finds that good cause exists for the entry of a Qualified Protective Order pursuant
to the Health Insurance Portability and Accountability Act (“HIPAA”) to prevent the unauthorized
disclosure and to direct the use of protected health information during the course of this litigation.
Accordingly, IT IS 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 Plaintiff’s protected health information, as that term is defined
under HIPAA and the Federal Regulations promulgated pursuant to that Act.

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Case 3:20-cv-00034-SMY Document 17 Filed 10/15/20 Page 2 of 2 Page ID #71

(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 this 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 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
providing 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: 10/15/2020
s//Staci M. Yandle
Staci M. Yandle
United States District Judge
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