IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
, )
)
Plaintiff, )
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v. ) Case No.
)
, )
)
Defendant. )
QUALIFIED PROTECTIVE ORDER
Pursuant to 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 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 Plaintiff 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 160.501. Protected health information includes, but is not limited to,
health information, including demographic information, relating to either (a) the
past, present, or future physical 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. All “covered entities” (as defined by 45 C.F.R. § 160.103) are hereby
authorized to disclose protected health information pertaining to Plaintiff, to
attorneys representing Plaintiff and Defendant in the above-captioned litigation.
4. The parties and their attorneys shall be permitted to use or disclose the
protected health information of Plaintiff 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, and other entities involved in the litigation
process.
5. Prior to disclosing Plaintiff’s protected health information to persons
involved in this litigation, counsel shall inform each such person that Plaintiff’s
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 Plaintiff’s protected health information do not use or disclose such
information for any purpose other than this litigation.
6. 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 Plaintiff’s protected health information to the covered entity or destroy any
and all copies of protected health information pertaining to Plaintiff, except that
counsel are not required to secure the return or destruction of protected health
information submitted to the court.
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7. This order does not control or limit the use of protected health
information pertaining to Plaintiff 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 CFR § 160.103.
8. Nothing in this order authorizes counsel for the Defendant to obtain
medical records or information through means other than formal discovery requests,
subpoenas, depositions, pursuant to a patient authorization, or other lawful process.
9. 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 Plaintiff’s protected health information under seal.
SO ORDERED.
Dated:
Jeannice W. Appenteng
United States Magistrate Judge
Dated:
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