United States District Court, D. Montana, Helena Division
ELLEN MARTEN, as Guardian and Conservator of Glen Marten, Plaintiff,
GENE HAIRE, STATE OF MONTANA, DOES 1-10, Defendants.
HIPAA QUALIFIED PROTECTIVE ORDER
Charles C. Lovell, Senior United States District Judge.
stipulation of the parties, Fed.R.Civ.P. 26(c), and 45 C.F.R.
§ 164.512(e)(1) of the Health Insurance Portability and
Accountability Act of 1996 (FflPAA), the Court finds good
cause for the issuance of a qualified protective order.
protective order shall apply to all protected health
information that is disclosed during the course of the
litigation of the above-captioned case, including electronic
and video material, document productions, interrogatory
answers, responses to requests for admission, deposition
materials, and responses to subpoenas issued by the parties.
the purposes of this qualified protective order,
"protected health information" (PHI) shall have the
same scope and definition as set forth in 45 C.F.R. §
160.103 and § 164.501. PHI 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. This
order applies to any records furnished by the Montana
Department of Public Health and Human Services (DPHHS) as a
covered entity party in this matter, and any records produced
by DPHHS or another "covered entity," as defined in
45 C.F.R. § 160.103, which has received a request or
subpoena for protected health information.
covered entities (as defined by 45 C.F.R. § 160.103) and
non-covered entities are hereby authorized to disclose
protected health information in response to discovery
requests, subpoenas, or other compulsory process to attorneys
representing the Plaintiff and Defendant in the
During the course of this litigation, it may be necessary for
the parties, their attorneys, or non-parties subject to a
subpoena to disclose protected health information.
Disclosures of protected health information shall be in
accordance with the provisions of this order.
PHI shall be used for the sole purpose of preparing for or
conducting this litigation, including, but not limited to
investigation, consultation, discovery, depositions, trial
preparation, trial, appeal, resolution, mediation, or uses
incidental to the proceeding in the case and shall not be
disclosed or revealed to any party not authorized by this
pursuant to this HIPAA qualified protective order may include
information related to any aspect of clients' health
care, including behavioral or mental health services,
treatment for alcohol and drug abuse, sexually transmitted
disease, and HIV.
may be disclosed without further notice by any covered entity
or healthcare provider to the person to whom the PHI relates,
to a party or parties' attorney, to the parties
themselves, experts, consultants, any witness or other
persons retained or called by the parties, court reporters,
copy services, other similar vendors to the parties and their
attorneys, as well as the professional and support staff of
all of the above.
Prior to disclosing PHI to persons involved in this
litigation, counsel shall inform each such person that PHI
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 PHI do not use or disclose such
information for any purpose other than this litigation.
information produced in accordance with this order must be
kept confidential and used only for purposes of this
filing materials with the Court, counsel shall file only the
redacted copies of the documents containing patient
identifying information wherever possible and unless
otherwise ordered by the Court.
Redacted documents may be used for all purposes in connection
with this case, but ...