Stead v. Unified School District No. 259, Sedgwick County, State of Kansas et al

Filing 33

ORDER AUTHORIZING INSPECTION AND REPRODUCTION OF EMPLOYMENT AND MEDICAL RECORDS for plaintiff Stead. The proposed order submitted by the parties was modified to reflect that the entities from whom the documents are being sought are authorized, but not required, to provide such information. The court does not have jurisdiction to order non-parties to produce the records. Signed by Magistrate Judge James P. O'Hara on 4/15/2014. (ah)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
PAMELA L. STEAD,

)
)
Plaintiff,
)
)
v.
) Case No. 13-1378-CM
)
UNIFIED SCHOOL DISTRICT NO. 259, )
SEDGWICK COUNTY, KANSAS and )
JOHN ALISON,
)
)
Defendants.
)
)

ORDER AUTHORIZING INSPECTION AND REPRODUCTION OF MEDICAL AND
EMPLOYMENT RECORDS AND PROTECTED HEALTH INFORMATION
PURSUANT TO STATE AND FEDERAL LAW (HIPAA) AND NOTIFICATION
OF WAIVER OF PHYSICIAN/PATIENT PRIVILEGE
To:

All Hospitals, Clinics, Physicians, Surgeons, Osteopaths, Chiropractors,
Psychiatrists, Psychologists, Counselors, Dentists, Orthodontists,
Periodontists,
Ophthalmologists,
Optometrists,
Otolaryngologists,
Otologists, Pharmacies, Social Workers, Therapists, Substance Abuse
Facilities, Rehabilitation Facilities, Disability Determination Services,
Hospice Services, Governmental Agencies (State and Federal); all other
Medical Institutions, Practitioners, Healthcare Providers; all Employers,
past and present; and all Educational Institutions

YOU ARE HEREBY AUTHORIZED (but not ordered), pursuant to the laws of
Kansas and applicable federal law, including but not limited to the Health Insurance
Portability and Accountability Act (HIPAA), to make available for examination and
reproduction by the parties and their counsel denominated in this lawsuit any and all
medical, employment, and educational records of any type or nature whatsoever, and/or
any protected health information within your care, custody, or in any manner
concerning:
PAMELA L. STEAD
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 correspondence; radiological films; monitoring strips of any kind;
billing and payment records; prescriptions; test results; any and all records
related to HIV testing, HIV status, AIDS and other sexually transmitted diseases;

any and all records related to the diagnosis and treatment of mental or emotional
conditions and alcohol or drug dependence; and psychotherapy notes that are
part of a medical record.
Unless specifically excluded by this Order, all medical records and protected health
information in your possession regarding the person noted above may be produced.
WITH RESPECT TO EMPLOYMENT RECORDS, such records include but are
not limited to all materials contained in the employee’s personnel file cover-to-cover;
wage payments, salary and tax information; performance evaluations; job applications;
workers’ compensation records and any other records pertaining to injuries incurred by
the employee; any and all work releases or restrictions; any protected health information
in the employer’s records.
YOU ARE FURTHER NOTIFIED that, pursuant to federal and state law, counsel
for the defendants are hereby authorized to talk with PAMELA L. STEAD’s treating
physicians or other healthcare providers, without counsel or the parties, being present
or participating, provided the healthcare provider consents to the interview. This is
based on the Court’s finding that plaintiff has made a claim for personal injuries, and, in
filing this lawsuit has waived any privilege existing between patient and healthcare
provider.
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 identified health information, 45 CFR Parts 160 and 164. This Order further
allows the disclosure of
1.

Information regarding diagnosis of, treatment for, and general status
relating to HIV and AIDS pursuant to K.S.A. 65-6001, et seq.; and

2.

Information regarding diagnosis of and treatment for mental conditions,
alcohol and drug dependency and emotional conditions, pursuant to
K.S.A. 65-5601, et seq., and 42 CFR Part 2.

THIS ORDER SHALL BE EFFECTIVE throughout the pendancy of this action.

Dated this 15th day of April, 2014.

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

Approved by:

__s/ M. Kathryn Webb__
M. Kathryn Webb (#11680)
Attorney at Law
7430 East 26th Street North
Wichita, KS 67226
Phone: [phone]
Cell: 316-371-9814
E-mail: [e-mail]
Attorney for Plaintiff

s/ Richard W. James__
Richard W. James (#19822)
Andrew T. Geren (#25984)
DeVaughn James, LLC
12219 E. Central, Suite 250
Wichita, KS 67206-2819
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant