Steely et al v. Tennessee Valley Authority

Filing 12

ORDER granting 11 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
OMAHA DIVISION

BARBARA J. STEELY and LYLE STEELY,
Husband and Wife,
Plaintiffs,
v.

No. 8:14-cv-00053-RGK-CRZ

TENNESSEE VALLEY AUTHORITY,
Defendant.

QUALIFIED HIPAA PROTECTIVE ORDER
The parties are hereby granted the right, upon compliance with the applicable discovery
provisions of the Federal Rules of Civil Procedure and the orders of this court, to obtain from
any health care provider, health plan, or other entity covered by the Health Insurance Portability
and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (“HIPAA”), any
and all information relating to the past, present, or future medical condition of any individual
who is a party to this action (or the decedent or ward of a party who sues in a representative
capacity), as well as any and all information relating to the provision of health care to such
individual and payment for the provision of such health care.
This order authorizes any third party who is provided with a subpoena requesting the
production of documents or commanding attendance at deposition or trial to disclose the
Protected Health Information in response to such request or subpoena. This order is intended to
authorize such disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R.
§ 164.512(e)(1)(i).

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The parties are expressly prohibited from using or disclosing the protected health
information obtained pursuant to this order for any purpose other than this action. Further, the
parties are ordered to either return to the covered entity from whom or which such protected
health information was obtained, or to destroy the protected health information (including all
copies made), immediately upon conclusion of this action. See 45 C.F.R. §§ 163.502(b);
164.512(e)(1)(v).
DONE 2014.
April 11, AND ORDERED this ________ day of April, 2014.
11th
BY THE COURT:

_______________________
Cheryl R. Zwart
United States District Judge
United States Magistrate Judge

21925635

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