United States District Court, W.D. Wisconsin
HIPAA QUALIFIED PROTECTIVE ORDER
D. PETERSON DISTRICT COURT JUDGE.
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
parties and their attorneys are hereby authorized to receive
and transmit "protected health information"
pertaining to Fox Lake Correctional Institution's current
and former inmates subjected to Fox Lake Correctional
Institution's water supply between January 1, 2009 to the
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, without
limitation, health or demographic information relating to:
(i) any inmate health complaints related to Fox Lake
Correctional Institution's water supply between January
1, 2009 to the present; (ii) any inmate health requests for
accommodation or treatment related to Fox Lake Correctional
Institution's water supply; and (iii) health information
received from counsel pursuant to paragraph four of this
Order, shall return the protected health information to the
covered entity or destroy any and all copies of protected
health information pertaining to the current and former
inmates at Fox Lake Correctional Institution, except that
counsel is not required to secure the return or destruction
of protected health information submitted to the court.
Order does not control or limit the use of protected health
information pertaining to the current and former inmates at
Fox Lake Correctional Institution that come 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.
Nothing in this Order authorizes counsel for Plaintiff or
Defendants to obtain medical records or protected health
information through means other than formal discovery
requests, subpoenas, depositions, pursuant to a patient
authorization, or other lawful process.
Order does not authorize any party to seal court filings or
court proceedings. The Court will make a good cause
determination for filing under seal if and when the ...