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McGuire v. Cooper

United States District Court, D. Nebraska

August 25, 2016

MEGAN MCGUIRE, Plaintiff,
v.
CORY COOPER, TIMOTHY F. DUNNING, Individually and in his official capacity as Sheriff of Douglas County, Nebraska, and DOUGLAS COUNTY, Defendants.

          Joseph F. Bataillon, Senior Judge.

          QUALIFIED HIPAA PROTECTIVE ORDER

          Thomas D. Thalken, Magistrate Judge..

         Under 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:

         1. The following words and terms are defined for purposes of this protective order:

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.

         2. This 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 Standards.
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 non-parties.

         3. The Parties shall be subject to the following terms and conditions:

a. The Parties anticipate that during the course of this litigation, one party may seek ...

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