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McGuire v. Cooper
United States District Court, D. Nebraska
August 25, 2016
MEGAN MCGUIRE, Plaintiff,
CORY COOPER, TIMOTHY F. DUNNING, Individually and in his official capacity as Sheriff of Douglas County, Nebraska, and DOUGLAS COUNTY, Defendants.
F. Bataillon, Senior Judge.
QUALIFIED HIPAA PROTECTIVE ORDER
D. Thalken, Magistrate Judge..
Federal Rule of Civil Procedure 26(c), the Health Insurance
Portability and Accountability Act of 1996 codified primarily
at 18, 26 and 42 U.S.C. and 45 C.F.R. §§ 160 &
164, the Court finds for good cause shown:
following words and terms are defined for purposes of this
a. "Parties" shall mean the plaintiff, the
defendants, and any additional party that this Court may
subsequently recognize as subject to this qualified
protective order, as well as their attorneys.
b. "HIPAA" shall mean Health Insurance Portability
and Accountability Act of 1996, codified primarily at 18, 26
& 42 U.S.C. (2002).
c. "Privacy Standards" shall mean the Standards for
Privacy of Individually Identifiable Health Information. See
45 C.F.R. §§ 160 & 164 (2000).
d. "PHI" shall mean protected health information,
as that term is used in HIPAA and the Privacy Standards.
"PHI" includes, but is not limited to, health
information, including demographic information, relating to:
(a) the past, present, or future physical or mental condition
of an individual, (b) the provision of care to an individual,
or (c) the payment for care provided to an individual, which
identifies the individual or which reasonably could be
expected to identify the individual.
e. When used in this Order, the word "document" or
"documents" means all written, recorded or graphic
matter whatsoever, produced by a party pursuant to discovery,
including but not limited to, documents produced by any party
or non-party in this action whether pursuant to Federal Rule
of Civil Procedure 34, subpoena, or by agreement, deposition
transcripts and exhibits and/or any portion of any court
filings that quote from or summarize any of the foregoing.
Order governs all discovery related to the exchange or
dissemination of information or the production of documents
regarding the Plaintiffs designated as PHI.
a. The Parties shall be familiar with HIPAA and the Privacy
b. The Parties recognize that it may be necessary during the
course of this proceeding to produce, disclose, receive,
obtain, subpoena, and/or transmit PHI of parties, third
parties, and non-parties to other parties, third parties and
Parties shall be subject to the following terms and
a. The Parties anticipate that during the course of this
litigation, one party may seek ...