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Lord v. Aetna Life Insurance Co.

United States District Court, D. Nebraska

June 30, 2014

JOHN L. LORD Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY, d/b/a AETNA HEALTH, INC., and/or d/b/a AETNA HEALTH MANAGEMENT, LLC Defendants.

Mark A. Fahleson, Tara Tesmer Paulson, REMBOLT LUDTKE, LLP, Lincoln, NE.

Mark A. Weber, CARLSON BURNETT, Omaha, NE.

STIPULATED PROTECTIVE ORDER

THOMAS D. THALKEN, Magistrate Judge.

It appearing that the above-captioned action is likely to involve the disclosure by the parties of confidential information; and it appearing further that legitimate interests warrant that such information remain confidential and that there is a substantial risk that clearly defined and serious injury or harm to the parties' legitimate proprietary interests will result should this Order not be entered; and it appearing further that the disclosure of confidential health information is implicated by plaintiff's claims in this action, and this Stipulated Protective Order is accordingly intended to provide protection sufficient to constitute a Qualified Protective Order under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the regulations promulgated under its aegis (see 45 C.F.R. § 164.512(e)(1)(ii)); and the parties having agreed to keep materials disclosed confidential and to return or destroy such materials in accordance with the terms set forth in this Order,

IT IS on this 30th day of June, 2014, ORDERED as follows:

1. Any party to this litigation and any third-party shall have the right to designate as "Confidential Health Information" and subject to this Order any information, document, or thing, or portion of any document or thing, without regard to whether the material has been designated confidential generally or "Confidential Health Information" specifically, any document or information supplied in any form, or any portion thereof, that identifies an individual or subscriber in any manner and relates to the past, present, or future care, services, or supplies relating to the physical or mental health or condition of such individual or subscriber, the provision of health care to such individual or subscriber, or the past, present, or future payment for the provision of health care to such individual or subscriber. The term "Confidential Health Information" specifically includes "protected health information" as such term is defined by the Standards for Privacy of Individually Identifiable Health Information, 45 CFR parts 160 and 164, promulgated pursuant to HIPAA. See 45 C.F.R. § 164.103 (defining "individually identifiable health information" and "protected health information"). "Confidential Health Information" includes, but is not limited to, medical bills, claims forms, charge sheets, medical records, medical charts, test results, notes, dictation, invoices, itemized billing statements, remittance advice forms, explanations of benefits, checks, notices, and requests. "Confidential Health Information" also includes all notes, summaries, compilations, extracts, abstracts, or oral communications that contain, are based on, or are derived from Confidential Health Information. "Confidential Health Information" does not include any document or information that has all of the following identifiers of the individual or subscriber or of the relatives, employers, or household members of the individual or subscriber removed or redacted:

(a) names;
(b) all geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent area codes, except for the initial three digits of a zip code if, according to the current publicly available data from the Bureau of the Census, (i) the geographic unit formed by combining all zip codes with the same three initial digits contains more than 20, 000 people, and (ii) the initial three digits of a zip code for all such geographic units containing 20, 000 or fewer people is changed to 000;
(c) all elements of dates (except year) for dates directly related to an individual, including birth date and date of death;
(d) telephone numbers;
(e) fax numbers;
(f) electronic mail addresses;
(g) social security numbers;
(h) medical record numbers
(i) health plan beneficiary ...

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