Kellum v. Jackson County Sheriff's Office et al

Filing 24

PROTECTIVE ORDER, granting 23 Motion for Qualified HIPAA and MHDDCA Protective Order. Signed by Judge David W. Dugan on 1/19/2023. (arm)

Case 3:22-cv-02159-DWD Document 24 Filed 01/19/23 Page 1 of 3 Page ID #101

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATTHEW KELLUM,
Plaintiff,
vs.
JACKSON COUNTY SHERIFF’S
OFFICE,
DEPUTY ALLAN BOST,
SERGEANT JOHN HUFFMAN, and
LIEUTENANT CARSON BUNTON,
Defendants.

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Case No. 22-cv-2159-DWD

AGREED QUALIFIED HIPAA & MHDDCA QUALIFIED PROTECTIVE ORDER
DUGAN, 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”) and the
Mental Health and Developmental Disabilities Confidentiality Act (“MHDDCA”), 740 ILCS
110/1-17, to prevent the unauthorized disclosure and to direct the use of protected health
information during the course of this litigation. Accordingly, the Court GRANTS the
Agreed Motion for Entry of a Protective Order (Doc. 23) and enters the following
Protective Order as agreed to by the parties. IT IS HEREBY 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 and MHDDCA, which has received a request
or subpoena for protected health information, substance abuse treatment,
mental health communication, and mental health records.

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Case 3:22-cv-02159-DWD Document 24 Filed 01/19/23 Page 2 of 3 Page ID #102

3.

During the course of this litigation, it may be necessary for the parties or
their attorneys to disclose Matthew Kellum’s protected health information,
as that term is defined under HIPAA and the Federal Regulations
promulgated pursuant to that Act; and mental health communication and
mental health records, as those terms are defined by the MHDDCA.
(a)

All protected health information, including substance abuse
treatment records, mental health communication, and mental
health records disclosed by any of Matthew Kellum’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, including substance abuse
treatment records, mental health communication, and mental
health records pursuant to this Qualified HIPAA and
MHDDCA 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, including substance abuse
treatment records, mental health communication, and mental
health records 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.
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Case 3:22-cv-02159-DWD Document 24 Filed 01/19/23 Page 3 of 3 Page ID #103

(2) Within forty-five days of dismissal of this action,
the parties, and each entity governed by this Order, shall
either (a) destroy, or (b) return to the Plaintiff, all protected
health information, including substance abuse treatment
records, mental health communication, and mental health
records, including all copies made; provided, however, that
said protected health information, mental health
communication, and mental health records may be retained
in the files of the attorneys for the parties and may be
destroyed pursuant to their regular file retention policies
and/or applicable Rules of Professionalism so long as the
protected health information, mental health communication,
and mental health records are maintained in a secure
environment.
SO ORDERED.
Dated: January 19, 2023
/s/ David W. Dugan
DAVID W. DUGAN
United States District Judge

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