Prouty v. Thippanna et al

Filing 288

District Judge Timothy S. Hillman: ORDER entered granting 285 Motion for Order Permitting Inspection of Records at Harrington Wound Care. (Castles, Martin)

Case 4:17-cv-40126-TSH Document 288 Filed 04/16/21 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CENTRAL DIVISION

CIVIL NO. 4:17-cv-40126-TSH

ORDER TO PERMIT INSPECTION
OF RECORDS AT HARRINGTON
WOUND CARE
On February 3, 2021, this Court entered an Order compelling the production of signed
letters of authorization by the Plaintiff to permit the inspection and copying of records from
Plaintiff’s medical providers from the dates February 1, 2019 through February 1, 2021. Dkt. 259.
IT IS THEREFORE ORDERED as follows:
TO: Custodian of Medical Records
Harrington Wound Care Center at Charlton
10 N Main St, Charlton, MA 01507
You are hereby authorized, directed, and ordered pursuant to the laws of Massachusetts
and applicable federal law, including but not limited to the Health Insurance Portability and
Accountability Act (HIPAA), 42 U.S.C. § 300gg and § 1320d et seq., to make available for
examination and reproduction by the parties and their counsel denominated in this lawsuit any and
all medical records of any type or nature whatsoever and/or any protected health information
within your care, custody, or control in any manner concerning Karen Prouty, DOB: XX/XX/1944.

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Case 4:17-cv-40126-TSH Document 288 Filed 04/16/21 Page 2 of 3

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 records from other health care providers and any and all correspondence);
radiological films; monitoring strips of any kind; billing and payment records; prescriptions;
test results; alcohol abuse, dependency, or treatment or drug abuse, dependency, or
treatment, provided however, that this Order does not authorize the production of patient records
concerning any and all records related to HIV testing, HIV status, AIDS or sexually transmitted
diseases; sexual assault or abuse; and any and all records related to the diagnosis and treatment of
mental or emotional condition, including any psychotherapy notes that are part of the medical
record.
Unless specifically excluded by this Order, all medical records and protected health
information in your possession regarding the person noted above shall be produced. 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 related to alcohol and/or narcotic abuse, dependency, and
treatment as defined in 42 C.F.R. Part 2. This Order shall be effective throughout the pendency of
this action.

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Case 4:17-cv-40126-TSH Document 288 Filed 04/16/21 Page 3 of 3

IT IS FURTHER ORDERED that Defendants may proceed immediately with the
inspection and copying of records from Harrington Wound Care Center at Charlton without the
necessity of filing a deposition and without further authorization by Plaintiff.

SO ORDERED this 16th of April, 2021.
/s/ Timothy S. Hillman
Timothy S. Hillman
District Judge

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