Bryant v. Wilson et al

Filing 28

PROTECTIVE ORDER AND AUTHORIZATION PURSUANT TO HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPAA) - Signed by Magistrate Judge Mona K. Majzoub. (LBar)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KSANDRA BRYANT,
Plaintiff,
Case No.: 15-cv-10207
vs.
Hon. Arthur J. Tarnow
STEPHEN WILSON, INTERTEC
SYSTEMS, LLC and TRAILWOOD
TRANSPORT LTD.
Defendants.
___________________________________/
GREGORY A. JONES (P75318)
MICHAEL J. MORSE (P46895)
Mike Morse Law Firm
Attorneys for Plaintiff
24901 Northwestern Highway, Ste. 700
Southfield, MI 48075-1816
[phone]

Mag. Mona K. Majzoub

GREGORY GROMEK (P30164)
Plunkett Cooney
Attorneys for Def. Intertec Systems, LLC
38505 Woodward Ave., Ste. 2000
Bloomfield Hills, MI 48304
[phone]

MARK SHREVE (P29149)
Garan Lucow Miller, P.C.
Attorney for Defs. Trailwood Transport &
Stephen Wilson
1111 W. Long Lake Rd., Ste. 300
Troy, MI 48098-6333
[phone]
________________________________________________________________________

QUALIFIED PROTECTIVE ORDER
AND AUTHORIZATION PURSUANT TO HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)

1.

IT IS HEREBY ORDERED that this Court authorizes the disclosure and sharing of

Plaintiff Ksandra Bryant’s “personal health information” protected under the Health
Insurance Portability and Accountability Act (hereinafter “HIPAA”) (42 USC §1320d et seq.)

and the regulations promulgated thereunder (45 CFR §§160, 164 et seq.) pursuant to the
terms and conditions contained in this Order.
2.

IT IS HEREBY FURTHER ORDERED that Plaintiff Ksandra Bryant’s, health care

providers including, but not limited to examining, testing and/or treating doctors and other
medical personnel shall provide copies of all records and may discuss the Plaintiff, Ksandra
Bryant’s, medical conditions and past, present and future treatment with counsel for the
Defendants.
3.

IT IS FURTHER ORDERED that this Order does not compel the health care provider

to participate in an interview or meeting against his or her wishes, nor to occur outside the
presence of the health care provider’s attorney if he or she wishes to have one present.
The purpose of the interview or meeting conducted by attorneys for Defendants and/or
Defendants’ agents is to assist Defendants in their defense of the above-referenced action
brought by Ksandra Bryant. The meeting or interview is not at the request of Ksandra
Bryant; however, Ksandra Bryant and her counsel are on notice of the existence of this
order.
4.

IT IS FURTHER ORDERED that all covered entities under HIPAA, including but not

limited to the health care providers, examining, testing and/or treating doctors and other
medical personnel of Ksandra Bryant are authorized and permitted to disclose and/or share
Ksandra Bryant’s personal health information to the attorneys or agents of Defendants.
The personal health information of Ksandra Bryant may be provided orally in discussions
with Defendants’ attorneys and/or agents or in written, visual or other recorded form. The
consent of or notice to Ksandra Bryant and/or her attorneys is not required prior to the
disclosure of this information by any health care provider.
5.

IT IS FURTHER ORDERED that counsel for the Defendants is permitted to use or
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disclose protected information for all purposes involved this action, except as limited by the
Federal Rules of Civil Procedure for discovery and subject to the Federal Rules of Evidence
for use at trial, and upon resolution of this action, counsel for the Defendant who receives
written or otherwise recorded protected health care information of the Plaintiff, Ksandra
Bryant, shall destroy or return the information (including all copies made) to the health care
provider.

s/ Mona K. Majzoub
MONA K. MAJZOUB
U. S. Magistrate Judge
Dated: September 8, 2015

~2563177.WPD

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