Schmidt et al v. Bellevue Medical Center L.L.C.

Filing 134

HIPAA QUALIFIED PROTECTIVE ORDER - For the reasons given in the Court's Order of February 4, 2015 filing #133 , IT IS ORDERED as set forth in the document. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAGE SCHMIDT, a minor, by and through
Doran Schmidt, her natural mother and next
friend, and DORAN SCHMIDT,
Individually,
Plaintiffs,
vs.
HEATHER RAMSEY, APRN-CNM, THE
MIDWIFE'S PLACE L.L.C. and the
BELLEVUE MEDICAL CENTER L.L.C.,
Defendants.

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8:13-cv-00143-LSC-FG3

HIPAA QUALIFIED
PROTECTIVE ORDER

For the reasons given in the Court's Order of February 4, 2015 (filing 133),
IT IS ORDERED:
1.

The current partiers (and their attorneys) to the above-captioned matter are hereby

authorized to receive, subpoena, and transmit "protected health information" ("PHI") pertaining
to Plaintiffs and Defendants.
2.

For the purposes of this Qualified Protective Order, "PHI" or "protected health

information" shall have the same scope and definition as set forth in 45 C.F.R. §§ 160.103 and
164.501. PHI includes, but is not limited to, health information, including demographic
information, relating to either, (a) the past, present or future physical or mental condition of an
individual, (b) the provision of care to an individual, or (c) the payment for care provided to an
individual, which identities the individual or which reasonably could be expected to identify the
individual.

3.

Upon compliance with all applicable discovery rules, statutes and precedent, all

"covered entities" (as defined by 45 C.F.R. § 160.103) are hereby authorized to disclose PHI
pertaining to Plaintiffs and Defendants to all attorneys now of record in this matter or who may
become of record in the future of this litigation.
4.

The parties and their attorneys shall be permitted to use the PHI solely for

purposes of prosecuting or defending this action, including any appeals of this case. This
includes, but is not limited to, disclosure to the parties, their attorneys of record, the attorneys'
firms (i.e., attorneys, support staff, and consultants), the parties' insurers, experts, consultants,
court reporters, copy services, and jurors.
5.

Prior to disclosing PHI to persons involved in this litigation, counsel shall inform

each such person that the PHI may not be used or disclosed for any purpose other than this
litigation. Counsel shall take all other reasonable steps to ensure that persons receiving the PHI
do not use or disclose such information for any purpose other than this litigation.
6.

The parties shall fully comply with the redaction requirements of Fed. R. Civ. P.

5.2 and NECivR 5.3 and shall comply with NECivR 7.5 in the event a document must be filed
with the Court under seal.
7.

At the conclusion of the litigation (hereby defined as the point at which the final

orders disposing of the entire case have been entered, or the time at which all trial and appellate
proceedings have been exhausted), any party, person or entity in possession of PHI received
pursuant to paragraph 4 of this Order shall destroy any and all copies of such PHI.

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8.

This Order shall not control or limit the use of PHI protected health information

pertaining to a party that comes into the possession of any party or any party's attorney from a
source other than a "covered entity," as that term is defined in 45 C.F.R. § 160.103.
9.

Nothing in this Order authorizes any party or any party's attorney to obtain

medical records or information through means other than formal discovery requests, subpoena,
depositions, patient authorization or attorney-client communications. Likewise, nothing in this
Order relieves any party from complying with the requirements of any state or federal law.
DATED February 9, 2015.
BY THE COURT:
S/ F. A. Gossett
United States Magistrate Judge

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