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United States v. Bozeman Health Deaconess Hospital

United States District Court, D. Montana, Butte Division

November 1, 2017

UNITED STATES OF AMERICA EX REL. FRANK M. REMBERT and MICHAEL R. PARADISE, Relators,
v.
BOZEMAN HEALTH DEACONESS HOSPITAL, BOZEMAN DEACONESS HEALTH SERVICES d/b/a BOZEMAN HEALTH, and DEACONESS-INTERCITY IMAGING, LLC d/b/a ADVANCED MEDICAL IMAGING, Defendants.

          STIPULATED HIPAA QUALIFIED PROTECTIVE ORDER & STIPULATED PROTECTIVE ORDER PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(C)

          SAM E. HADDON, DISTRICT JUDGE

         Pursuant the stipulation of the parties, Rule 26(c) of the Federal Rules of Civil Procedure, and 45 C.F.R. § 164.512(e)(1), the Court finds good cause for the issuance of this Qualified Protective Order ("Order"). The parties are expressly advised that notwithstanding Local Rule 26.4(b), any party wishing to file any document under seal pursuant to this Order shall seek leave of Court in accordance with the pertinent provisions of Local Rule 5.1, making the appropriate showing of good faith or compelling reasons as delineated by applicable Ninth Circuit case law.

         The Court orders as follows:

         1. Discovery in this case, Case No. CV 15-80-BU-SEH, ("this case") may require the disclosure of documents or other information which the party producing or providing may consider to be confidential or which contain protected health information under the Health Insurance Portability and Accountability Act of 1996 (Pub. L 104-191, 110 State. 1936 ("HIPAA").

         2. Any party producing documents in this case, whether formally or informally, and whether in response to a formal discovery request or not, may designate those documents as "confidential." Examples of documents which may be marked "confidential" include, but are not limited to, documents concerning or disclosing financial or sales data, client or personnel information, tax returns, "protected health information" as defined below, or other private documents and materials for which public disclosure would be embarrassing or constitute an invasion of privacy when the party claims in good faith a privacy interest in the documents.

         3. The parties shall comply with HIPAA. For the purposes of this Order, "protected health information" shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 45 C.F.R. § 164.501. All "covered entities" as defined in 45 C.F.R. § 160.103 are authorized to disclose protected health information to all attorneys in this case. Protected health information shall be treated as confidential pursuant to this Order even if a party fails to specifically designate it as "confidential."

         4. A party desiring to designate documents as confidential shall stamp each page of such document with a "confidential" stamp prior to production in a manner that will not interfere with the legibility of the document. Any documents produced with that designation (including any copies, regardless of format) shall, unless challenged pursuant to paragraph 15, be treated as such under this Order. Any confidential designation that is inadvertently omitted during document production may be corrected retroactively by written notification to counsel for the non-designating parties within thirty (30) days of the original production, provided that any good faith disclosure prior to the receipt of such notification shall not become a violation of the Order by virtue of such retroactive notification. In the event of an inadvertent disclosure of information without the appropriate designation, the designating party shall promptly provide counsel a replacement copy of the information containing the appropriate designation. The non-designating party then must immediately return the original information and all copies of the same to the designating party or destroy all copies of the original information.

         5. For documents already produced in this case, whether or not those documents previously have been marked as confidential in this or any other matter, each of the parties must formally identify and designate as "confidential" all or any portion of those documents that they seek to be treated as confidential under this Order, except that protected health information shall be treated as confidential even if not so designated. Any party desiring to designate pursuant to this paragraph 5 shall have ninety (90) days from the date of this Order within which to ensure that each page which is claimed to be confidential is stamped with a "confidential" stamp, and to provide notice to the other party of each document that the party so designates.

         6. In the event that any party serves a subpoena upon any third party (i.e., a person or entity who is not a party to this action) commanding production of documents, electronic information, or other materials, the following procedures shall apply:

A. Any such subpoena shall be served on the other parties before it is served upon the person to whom it is directed, pursuant to Rule 45(b)(1), Fed.R.Civ.P.
B. Upon receipt of the documents from the third party, the propounding party shall Bates stamp the documents with identifying numbers if the documents were not previously stamped, and shall provide a copy to all of the other parties in this matter. Either a hard copy, or a CD or DVD containing the documents in some commonly used format (such as Adobe PDF), shall suffice to satisfy this requirement.
C. All parties (including the propounding party and all of the parties who receive a copy of the documents) shall maintain those documents as "confidential" hereunder until expiration of the time set forth below.
D. Each of the parties shall have fourteen (14) days after service of the copies of the documents pursuant to subparagraph 6.B., above, within which to designate as "confidential" all or any portion of those documents. Any party desiring to do so shall follow the procedure set forth in paragraph 4, i.e., stamp each page which is claimed to be confidential with a "confidential" stamp, and produce such documents to all other parties herein.
E. Any page or document which is timely stamped "confidential" and reproduced to the other parties as provided herein shall be subject to all of the terms of this Order, including (but not limited to) the obligations to limit usage and dissemination of that material and the right to challenge the designation as "confidential." Any page or document which is not timely stamped "confidential" and reproduced to ...

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