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Sabata v. Nebraska Department of Correctional Services

United States District Court, D. Nebraska

December 27, 2018

HANNAH SABATA, et al., Plaintiffs,
v.
NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, et al., Defendants.

          STIPULATED PROTECTIVE ORDER REGARDING RECORDS OF DECEASED INMATES

          MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE

         Upon review of the parties' Joint Motion, Filing 217, and proposed Stipulated Protective Order emailed to the undersigned magistrate judge's chambers, IT IS ORDERED that the Joint Motion for Entry of a Stipulated Protected Order is granted, and the parties' Stipulated Protective Order is entered below:

         HIPAA QUALIFIED PROTECTIVE ORDER

         Pursuant to Fed.R.Civ.P. 26(c) and 45 C.F.R. § 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and ORDERS as follows:

         1. The parties and their attorneys are hereby authorized to receive, subpoena and transmit “protected health information” pertaining to deceased inmates to the extent and subject to the conditions outlined herein.

         2. For the purposes of this qualified protective order, “protected health information” shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 164.501. Protected health information includes, but is not limited to, health information, including demographic information, relating to either (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.

         3. For the purposes of this qualified protective order, “deceased inmates” shall mean all inmates who died in NDCS custody on or after January 1, 2013.

         4. All “covered entities” (as defined by 45 C.F.R. § 160.103) are hereby authorized to disclose protected health information pertaining to deceased inmates to attorneys representing the Plaintiffs and Defendants in the above-captioned litigation.

         5. The parties and their attorneys shall only be permitted to use or disclose the protected health information of deceased inmates for purposes of prosecuting or defending this action including any appeals of this case. This includes, but is not necessarily limited to, disclosure to their attorneys, experts, consultants, court personnel, court reporters, copy services, trial consultants, deponents, witnesses, and other entities or persons involved in the litigation process.

         6. Prior to disclosing the protected health information of deceased inmates to persons involved in this litigation, counsel shall inform each such person that such protected health information may not be used or disclosed for any purpose other than this litigation. Counsel shall take all other reasonable steps to ensure that persons receiving such protected health information do not use or disclose such information for any purpose other than this litigation.

         7. Within 45 days after the conclusion of the litigation including appeals, the parties, their attorneys, and any person or entity in possession of protected health information received from counsel pursuant to paragraph four of this Order, shall return the protected health information of deceased inmates to the covered entity or destroy any and all copies of protected health information pertaining to deceased inmates, except that counsel are not required to secure the return or destruction of protected health information submitted to the court. In the alternative, counsel shall protect the confidentiality of the records for so long as they are retained by counsel or maintained in the Nebraska State Archives, and shall limit further uses and disclosures of confidential information as required by this Order.

         8. This Order does not control or limit the use of protected health information pertaining to deceased inmates that comes into the possession of the parties or their attorneys from a source other than a “covered entity, ” as that term is defined in 45 C.F.R. § 160.103.

         9. Nothing in this Order authorizes counsel for the Defendants to obtain medical records or information through means other than formal discovery requests, subpoenas, depositions, pursuant to a patient authorization, or other lawful process.

         10. This Order does not authorize either party to seal court filings or court proceedings. The Court will make a good cause determination for filing under seal if and when the parties seek to file the ...


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