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United States ex rel. Haseloh v. Saunders Medical Center

United States District Court, D. Nebraska

May 29, 2014

UNITED STATES OF AMERICA, ex rel., LINDA R. HASELOH, Plaintiff,
v.
SAUNDERS MEDICAL CENTER, Defendant.

PROTECTIVE ORDER

F.A. GOSSETT, Magistrate Judge.

This matter is before the Court on the joint motion of the parties, for a protective order. (Filing 25.) The motion is granted.

IT IS HEREBY ORDERED as follows:

1. Pursuant to Fed.R.Civ.P. 26, this protective order is entered by the Court, covering documents and information produced by the parties to any other party or the parties' counsel, whether produced voluntarily or by Court rules or order of the Court, or other legal process during this litigation.

2. Plaintiff has issued discovery requests to Defendant Saunders Medical Center ("SMC"), some of which seek confidential documents including, without limitation, documents containing Protected Health Information ("PHI"), which is protected from disclosure by HIPAA and may be protected by other state and federal law.

3. Plaintiff (and her attorneys) and any future parties (and their attorneys) to the above-captioned matter are hereby authorized to receive documents containing PHI or other confidential information subject to the conditions outlined herein.

4. As a "covered entity" (as defined by 45 CFR § 160.103), SMC is hereby authorized to disclose responsive documents containing PHI to Plaintiff's attorneys or the attorneys of other parties who may become of record in this litigation in the future subject to the conditions outlined herein. This provision does not prohibit Defendant from objecting to future requests on other grounds, such as relevancy.

5. This protective order applies to the following categories of information (hereinafter "Protected Information"):

a. PHI: For the purposes of this protective order, PHI shall have the same scope and definition as set forth in 45 CFR § 160.103 and § 160.501. Without limiting the generality of the foregoing, "PHI" includes, but is not limited to, health information, including demographic information relating to either,

(i) the past, present or future physical or mental condition of an individual,
(ii) the provision of care to an individual,
(iii) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual; or
(iv) documents containing the name, social security number, or other identifying information pertaining patients.

b. Documents sought in discovery, which while not PHI, refer in any way to specific patients, by ...


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