Gordon et al v. New West Health Services et al

Filing 153

STIPULATED PROTECTIVE ORDER. Signed by Judge Brian Morris on 6/4/2018. (SLR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
) CV-15-24-GF-BMM
)
)
) STIPULATED PROTECTIVE
Plaintiffs,
) ORDER
)
vs.
)
)
NEW WEST HEALTH SERVICES,
)
)
Defendant.
)
)
In light of the protections that the Health Insurance Portability and
LANCE R. GORDON and RONI A.
GORDON,

Accountability Act of 1996, as amended (Pub. L. 104-191, 110 Stat. 1936)
(“HIPAA”) affords to information that the parties in this case must disclose in
order to provide notice to individuals that have been identified as putative class
members in this class action litigation, the parties find it appropriate to enter into
this protective order that ensures the privacy and confidentiality of such
information, consistent with 45 C.F.R. § 164.512(e) and subject to the terms set
forth below.
This Order shall constitute a “qualified protective order” pursuant to 45
C.F.R. § 164.512. The term “PHI” shall mean “Protected Health Information,” as
defined by 45 C.F.R. § 160.103. Through this Order, the parties agree that with
respect to PHI, the parties are to use, maintain, and disclose such PHI in strict

compliance with HIPAA. This Order shall authorize New West to disclose PHI to
Plaintiffs and their counsel to the extent that such disclosure is necessary to
provide notice to the putative class members of their rights under the terms of the
class settlement agreement reached by the parties and preliminarily approved by
the Court. This Order is intended to authorize such disclosure under the privacy
regulations issued pursuant to HIPAA, including HIPAA privacy security, breach
notification, and enforcement rules of 45 CFR Part 160 and Part 164.
The parties to this Order are expressly prohibited from using or disclosing
the PHI for any purpose other than in this litigation. Further, any party who comes
into possession of PHI pursuant to this Protective Order is ordered to return or
destroy such PHI (including all copies made) immediately upon conclusion of this
action pursuant to 45 C.F.R. § 164.512. Any documents filed with the Court that
contain PHI shall be filed under seal, in compliance with Local Rule 5.1, and with
PHI redacted into de-identified form on the computerized docket.
DATED this 4th day of June, 2018.

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