Kocsis v. Sedgwick County, Kansas et al

Filing 68

AGREED ORDER for production of health records. Signed by Magistrate Judge James P. O'Hara on 5/27/2015. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

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Plaintiff,
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v.
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SEDGWICK COUNTY, KANSAS, et al
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Defendants.
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____________________________________)
BRADLEY KOCSIS

Case No.: 14-2167-CM

AGREED ORDER FOR INSPECTION AND REPRODUCTION OF MEDICAL AND/OR
MENTAL HEALTH RECORDS FOR DISCLOSURE OF PROTECTED HEALTH
INFORMATION PURSUANT TO STATE AND FEDERAL LAW (HIPAA); AND
QUALIFIED PROTECTIVE ORDER

TO:

All Hospitals, Clinics, Pharmacies, Physicians, Psychiatrists, Psychologists, Therapists,
All Other Medical Institutions, Practitioners, Health Care Providers, Insurers and
Employers Past and Present, of Bradley Kocsis.

You are hereby authorized pursuant to the laws of Kansas and applicable federal law,
including the Health Insurance Portability and Accountability Act (HIPAA) and 45 C.F.R.
164.512(e)(1)(i), to disclose and make available for examination and reproduction by the parties
and their undersigned counsel denominated in this lawsuit any and all medical, mental health,
insurance or employment records of any type or nature whatsoever and/or any protected health
information within your care, custody, or in any manner concerning Bradley Kocsis, DOB
9/2/1982, social security # XXX-XX-7130.
Medical documents and protected health information subject to this order include but are
not limited to the entire medical chart cover to cover (including but not limited to any and all
medical and mental health records from any source and any and all correspondence); radiological

and ultrasound studies; physical and occupational therapy records and evaluations; diagnostic
studies; pathological tissue and slides; social services records; monitoring strips of any kind;
billing and payment records; prescriptions; test results and raw testing data; any and all records
related to HIV testing, HIV status, AIDS or sexually transmitted diseases; any and all records
related to the diagnosis and treatment of mental, alcoholic, drug dependency, or emotional
condition; psychiatric and psychotherapy notes.
Unless specifically excluded by this Order, all medical and mental health records and
protected health information, including psychiatric records, in your possession regarding the
person noted above may be produced.
You are further notified, pursuant to federal and state law, that all undersigned counsel of
record are hereby authorized and permitted to meet with or speak to Bradley Kocsis’ treating
physicians or other health care providers, without counsel or the parties, including the plaintiff,
being present or participating, provided the health care provider consents to the interview. This
is based on the Court’s finding that Mr. Kocsis has made a claim alleging personal and
psychological injury, and in filing this lawsuit has waived any privilege existing between the
patient and health care provider. Although this Order authorizes and permits all health care
providers of Bradley Kocsis to grant informal interviews, the Order does not require a health care
provider to meet or speak with any attorney in this proceeding. A physician or other health care
provider has a right to decline an attorney’s request to speak or meet with the physician or other
health care provider informally.
Said inspection and reproduction may be requested by any attorney of record herein as set
forth below, and all clerical fees and expenses shall be paid by the attorney requesting such
examination, reproduction or interview.

This Order complies with HIPAA federal standards for privacy of individually
identifiable health information, 45 C.F.R. Parts 160 and 164. This Order further allows the
disclosure of information regarding diagnosis and treatment of mental, alcoholic, drug
dependency and emotional condition pursuant to K.S.A. 65-5603(a)(3).
This Court further enters a qualified protective order consistent with 45 C.F.R.
164.512(e)(1). Specifically, the parties are prohibited from using or disclosing the protected
health information of Bradley Kocsis for any purpose other than this litigation. Further, the
parties agree to return to the covered entity or destroy the protected health information (including
all copies made) at the end of this litigation.
This Order shall be effective throughout the pendency of this action.
Entered into this 27th day of May, 2015.

s/ James P. O’Hara
James P. O’Hara
United States Magistrate Judge