Rodriguez v. Safeco Insurance Company of America

Filing 13

MEMORANDUM AND ORDER denying without prejudice 11 the parties' Joint Motion for an Order Authorizing Inspection and Reproduction of Medical and Protected Health Information and Waiver of Physician-Patient Privilege. See text of order for details. Signed by Magistrate Judge Angel D. Mitchell on 6/4/21. (Attachments: # 1 Ex. A) (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
AIDE RODRIGUEZ, also known as,
HAYDEE RODRIGUEZ,
Plaintiff,
v.

Case No. 6:21-cv-01086

SAFECO INSURANCE COMPANY
OF AMERICA, a foreign corporation,
Defendant.

ORDER AUTHORIZING INSPECTION AND
REPRODUCTION OF MEDICAL RECORDS
TO:

All Health Care Providers Licensed to Practice Medicine or the Healing Arts as Defined
in K.S.A. 65-2801, et seq.
This order is effective as of the date and time shown on the electronic file stamp. This

matter comes on before the Court on the Parties’ Joint Motion seeking approval of an Order
authorizing all health care providers defined as physicians under K.S.A. 65-2802, who have
provided care and/or treatment to Aide Rodriguez, a.k.a. Haydee Rodriguez, DOB
Social Security Number:

;

, to produce any and all healthcare information within

their custody and/or control pertaining to said person. Plaintiff appears by and through her
attorneys, J. Corey Sucher and Tony L. Atterbury of Bull Attorneys, P.A. Defendant Safeco
Insurance Company of America appears by and through its attorneys, Patrick J. Murphy and
Anthony M. Singer of Woodard, Hernandez, Roth & Day, LLC.
WHEREUPON, the Court, after reviewing the files and records, hearing the arguments of
counsel, and being fully and duly advised in the premises finds:

1.

Plaintiff has made a claim for personal injuries, and in filing this lawsuit has,

pursuant to K.S.A. 60-427, waived any physician-patient relationship privilege that existed with
Shannon Lower-Kirker.
2.

This Court, with due consideration to the laws of the state of Kansas and the Health

Insurance Portability and Accountability Act (HIPAA), 45 CFR 164.512(e) enters this Order in
compliance therewith.
3.

Any records obtained through this Order shall not be disclosed to anyone other than

the litigants, their counsel, expert witnesses, the Court, and staff, agents and associates of the
litigants and their insurers, and the Court. All objections to the admissibility of said records at trial
are preserved by all parties hereto.
IT IS THEREFORE BY THE COURT CONSIDERED, ORDERED, ADJUDGED AND
DECREED:
a.

All Health Care Providers licensed to practice medicine or the healing arts as

defined in K.S.A. 65-2802, are hereby authorized and directed 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 make available for examination and reproduction by the
parties and their counsel denominated in this lawsuit, any protected healthcare information within
their care, custody and/or control concerning Aide Rodriguez, a.k.a. Haydee Rodriguez, DOB
07/25/1974; and Social Security Number: XXX-XX-7128.
b.

Protected health information subject to this order includes but is not limited to:

Every page 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;

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radiological and laboratory reports; itemized billing statements listing all charges,
radiographic films, photographs and videotapes; and,
All secondary records regardless of whether generated by you. Secondary
records include patient questionnaires; 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.
This order does not authorize the release of substance abuse records protected
by 45 USC § 290dd-2 or K.S.A. 65-5601 et seq.
c.

Unless specifically excluded by this order, all protected health information in your

possession regarding the person noted above shall be produced or made available for inspection.
Said inspection and reproduction may be requested by any attorney of record herein as set forth
below, and clerical fees and expenses permitted under K.S.A. 65-4971 shall be paid by the attorney
requesting such examination, reproduction, or interview.
d.

Counsel for the parties are hereby authorized to talk with Plaintiff’s treating

physicians or other treating health care providers without opposing counsel or the parties,
including the plaintiff, being present or participating, provided the health care provider consents
to the interview, and any and all such health care providers have the absolute right to refuse to
participate in any such interviews or talks.
e.

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

conclusion of the action, all records obtained during the pendency of this action shall be properly
disposed of, including but not limited to records in the possession of a party’s agent, expert, or
business associates.
IT IS SO ORDERED.

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