Ratley v. United States of America

Filing 13

ORDER AUTHORIZING DISCLOSURE OF MEDICAL RECORDS. The proposed order submitted by the parties was modified to reflect that the entities and individuals from whom the records are being sought are authorized, but not required, to provide such information. The court does not have jurisdiction to order non-parties to produce records or speak with counsel. Signed by Magistrate Judge James P. O'Hara on 7/20/2017. (amh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MARK RATLEY,
Plaintiff,
vs.

Case No. 17-4024-DDC

UNITED STATES OF AMERICA,
Defendant.

AGREED ORDER FOR DISCLOSURE, INSPECTION AND REPRODUCTION
OF MEDICAL RECORDS AND PROTECTED HEALTH INFORMATION
PURSUANT TO STATE AND FEDERAL LAW AND
NOTIFICATION OF WAIVER OF PHYSICIAN-PATIENT PRIVILEGE
TO:

All health care providers including, but not limited to, hospitals, clinics, doctor’s offices,
or any like facility offering medical care, pharmacies, physicians, physicians assistants,
nurses, social workers, psychiatrists, psychologists, therapists, governmental agencies
(State and Federal) and any other medical institutions, facilities, or practitioners past and
present.
This matter is before the Court on the parties’ request for an order authorizing all health

care providers who have provided care and or treatment of any kind to Mark Ratley to disclose
and produce for inspection or reproduction by either party to this action, any and all health care
information within their custody and or control pertaining to Mark Ratley.
WHEREUPON, the Court, after being fully advised in the premises, finds and orders as
follows:
1.

All health care providers who have provided care and or treatment of any kind to

Mark Ratley are hereby authorized (but not required), pursuant to the laws of the State of Kansas
and applicable federal law, including but not limited to the Health Insurance Portability and
Accountability Act (HIPAA), to disclose and make available for examination and reproduction

O:\ORDERS\17-4024-DDC-medical records.docx

by the parties to this action, or their attorneys, any and all medical records of any type or nature
whatsoever and or any protected health information within the health care providers custody and
or control concerning Mark Ratley.
2.

Medical documents and protected health information subject to this Order include

but are not limited to:
Every page, front and back, of the entire medical chart, cover to cover, including,
but not limited to: all records pertaining to the examination, diagnosis, care and/or
treatment of the patient; patient intake and registration forms; patient insurance
and identification information; office narratives; progress notes; prescription
orders; lab results; nurse and physician assistant notes; consultation reports; order
sheets; handwritten notes; radiological and laboratory reports; itemized billing
statements listing all charges, radiographic films, photographs and videotapes;
patient questionnaires; payment receipts, documents, and correspondence; phone
message slips; correspondence with patient and other health care providers; and
all other documents contained in the medical chart from other health care
providers, insurance representatives, attorneys or governmental agencies.
3.

The Court specifically finds disclosure of the above-requested information

permissible because of the claims and defenses involved in this civil litigation.

Unless

specifically excluded by this Order, all medical records and protected health information
pertaining in any way to Plaintiff Mark Ratley, in the possession or control of any and all health
care providers may be disclosed, produced or made available to the parties or the parties’
attorneys for inspection and or reproduction.

Any fees and expenses associated with the

production of health care records and other information pursuant to this Order and permitted
under K.S.A. § 65-4971 shall be paid by the party requesting the records and or information.
4.

Pursuant to Kansas state law and the rules of the Kansas district court, the parties’

attorneys are hereby authorized to talk with Mark Ratley’s treating physicians or other health
care providers, without Plaintiff or Plaintiff’s counsel being present during the conversation,
provided the health care provider consents to the interview and both parties’ counsel are given

2

notice that any such conversation occurred within five (5) business days of the conversation.
This is based on the Court’s finding that Plaintiff has made a claim for personal injuries and, in
filing this lawsuit, has pursuant to Kansas law waived any privilege existing between the patient
and health care provider as defined in K.S.A. § 60-427.
5.

This Order complies with HIPAA federal standards for privacy of individually

identifiable health information, 45 C.F.R. Parts 160 and 164 and Kansas Statute, K.S.A. § 60427, Physician-Patient Privilege.
6.

This Order encompasses the disclosure of all information regarding: diagnosis and

treatment of mental, alcoholic, drug dependency; emotional condition; and HIV, AIDS or other
infectious diseases pursuant to 42 U.S.C. § 290dd-2 and 42 C.F.R. Part 2 (substance abuse
privilege); K.S.A. §§ 65-5601 to 65-5603 (treatment facility privilege); K.S.A. § 74-5323 &
K.S.A. § 74-5372 (psychologist-patient privilege); and K.S.A. §§ 65-6001 to 6010 (infectious
disease privilege). Disclosure of all records pursuant to these sections is necessary for purposes
of the litigation and essential to the claims and defenses of the parties.
7.

Mark Ratley has conferred with his attorney and is aware that this Order for the

production of protected health information has been entered.
8.

The parties are prohibited from using or disclosing the protected health

information disclosed or reproduced pursuant to this Order for any purpose other than the
litigation of this case.

3

9.

After the case has been fully litigated, decided and closed, the protected health

information disclosed or reproduced pursuant to this Order shall be destroyed by the party in
possession of the information.
10.

This Order shall be effective throughout the pendency of this action.

IT IS SO ORDERED, this 20th day of July, 2017, in Kansas City, Kansas.

s/ James P. O’Hara
JAMES P. O'HARA
U.S. Magistrate Judge

4

Submitted by:
MICHELLE A. JACOBS
Assistant U.S. Attorney
District of Kansas
s/ Michelle A. Jacobs
MICHELLE A. JACOBS, KS S.Ct. # 21261
Assistant U.S. Attorney
301 N. Main, Suite 1200
Wichita, KS 67202
PH: [phone]
FX: [phone]
Email: [e-mail]
Attorney for Defendant
s/ Larry G. Michel
LARRY G. MICHEL, KS S.Ct. #14067
Kennedy Berkley Yarnevich & Williamson, Chtd.
119 West Iron Ave., 7th Floor
P. O. Box 2567
Salina, KS 67402
PH: [phone]
FX: [phone]
Email: [e-mail]
Attorney for the Plaintiff

5