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BARROW v. VALLABHANENI
October 6, 2005.
HENRY BARROW, Plaintiff,
DR. VALLABHANENI, Defendant.
The opinion of the court was delivered by: PHILIP FRAZIER, Magistrate Judge
Defendant's motion for an HIPAA qualified protective order
(Doc. No. 28) is GRANTED as follows.
1. Plaintiff's medical medical records shall be released to the
attorneys of record in this litigation upon request of said
attorney. That attorney is Theresa M. Powell.
2. This Order applies to any records produced by a covered
entity as defined by 45 C.F.R. 160.103 which has received a
request or subpoena for protected health information.
3. During the course of this litigation, it may be necessary
for the parties or their attorneys to disclose protected health
information of the Plaintiff, as that term is defined under the
Health Insurance Portability and Accountability Act (HIPAA) and
the Federal Regulations enacted pursuant to said Act.
(a) All protected health information disclosed by any of
Plaintiff's healthcare providers shall be used for the sole
purpose of preparing for or conducting this litigation,
including, but not limited to investigation, consultation,
discovery, depositions, trial preparation, trial, appeal,
resolution, mediation, or uses incidental to the proceeding in
the case and shall not be disclosed or revealed to anyone not
authorized by this Protective Order.
(b) Protective health information pursuant to this HIPAA
Qualified Order may include information related to sexually
transmitted disease, genetic testing, HIV, behavioral or mental
health services, and treatment for alcohol and drug abuse. (c) Protected health information may be disclosed without
further notice by any covered entity or healthcare provider,
party or parties' attorney, to:
(1) the parties themselves, parties' attorneys,
experts, consultants, any witness or other person
retained or called by the parties, treating
physicians, other healthcare providers, insurance
carriers, or other entities from whom damages,
compensation, or indemnity is sought and any entity
performing, monitoring, or adjustment activities on
behalf of such insurance carrier or other entity
and/or their employees, agents, or third-party
administrators for any of the parties involved in
litigation; in any proceeding for health oversight
activities as permitted under 45 C.F.R. 164.512,
court reporters, copy services, other similar vendors
to the parties and their attorneys, as well as the
professional and support staff of all of the above.
(2) The parties, and each entity governed by this
Order shall either (a) destroy, or (b) return to the
entity who originally produced it, all protected
health information, including all copies made,
provided, however, that said protected health
information may be retained in the files of the
entities listed in paragraph (1) above and may be
destroyed pursuant to their regular file retention
policies so long as the protected health information
is maintained in a secure environment.
Defendant's motion to compel (Doc. No. 27) is MOOT.
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