Floyd v. LGI Homes et al

Filing 27

HIPAA ORDER IN CIVIL ACTION. Signed by Senior Judge Graham Mullen on 2/12/18. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
KAREN Y. FLOYD,
Plaintiff,
v.
LGI HOMES – NC, LLC,
Defendant.

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CIVIL ACTION NUMBER:
3:17-CV-197-GCM

HIPAA ORDER IN CIVIL ACTION
Upon compliance with Rule 45 of the Federal Rules of Civil Procedure, the
attorneys for the parties are permitted to inspect and copy all health information
relating to any Individual who is a party to this case, or of any decedent or other
real party in interest, represented by an executor, administrator, guardian, next
friend, bailee or trustee, and to inspect and copy all information relative to payment
for the provision of medical care to any such Individual. Subject to the provisions
of Rule 26 of the Federal Rules of Civil Procedure pertaining to the scope and
limits of discovery, the attorneys for the parties to this lawsuit may request an
interview with any health care providers, health plan administrators, or other
Individuals in connection with the aforementioned health information and
payments therefore (such information collectively referred to hereafter as

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“Protected Health Information”).

Such health care provider, health plan

administrator, or other Individual may grant or deny a request for an interview.
This Court 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 Protected Health Information in response to
such request or subpoena. This Court Order is intended to authorize such
disclosures under Section 164.512(e)(1) of the privacy regulations issued
pursuant to the Health Insurance Portability and Accountability Act of 1996
(HIPAA).
Nothing in this Order shall be deemed to relieve any party or attorney of the
requirements of the Federal Rules of Civil Procedure. Nothing in this Order
permits disclosure of confidential communications, made for the purposes of
diagnosis or treatment of a patient’s mental or emotional condition, including
alcohol or drug addiction, among the patient, the patient’s psychotherapist, and
persons who are participating in the diagnosis or treatment under the direction of
the psychotherapist, including members of the patient’s family, nor does this Order
permit disclosure of records or information relating to HIV testing or sexually
transmitted disease.

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Nothing in this Order shall be construed to authorize any party or any attorney
for any party to release, exchange, submit, or share any Protected Health
Information with any other person or any other entity, other than an agent or
employee of the attorney or party.
At the conclusion of this action and at the written request of an Individual
whose Protected Health Information has been disclosed, or such Individual’s
authorized representative, all recipients of the Protected Health Information shall
return to the requesting party the documents and all copies thereof containing
Protected Health Information received by them pursuant to this Order.
IT IS SO ORDERED.
Signed: February 12, 2018

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