IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

DAVID W. JAHN, )

)

Plaintiff, )

)

vs. ) Civil Action No. 02:06-cv-623

)

REGINALD JAMES WASHINGTON, )

et al., )

)

Defendants. )

HIPAA ORDER IN CIVIL ACTION

Upon consideration of defendants' motion for entry of HIPAA Order (Doc. # 24), filed

March 29, 2007, and for good cause, it is

ORDERED that the motion be and hereby is GRANTED as follows:

Upon compliance with the Federal Rules of Civil Procedure, the attorneys for the

parties and pro se parties to this lawsuit are permitted to inspect and copy all health

information relating to any Individual who is a party to this case, or of any decedent or other

real party in interest, represented by an executor, an administrator, guardian, next friend,

bailee or trustee, and to inspect and copy all information relative to payment for the provision

of medical care to any such Individual. This Order neither broadens nor restricts any party’s

ability to conduct discovery pursuant to Federal law, the sole purpose hereof being only to

permit compliance with the Health Insurance Portability and Accountability Act of 1996.

This Court Order authorizes any third-party who is provided with a subpoena

requesting the production of documents or commanding attendance at deposition or trial to

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disclose Protected Health Information in response to such request or subpoena. This Court

Order is intended to authorize such disclosures under Section 164.512(e)(1) of the privacy

regulations issued pursuant to the Health Insurance Portability and Accountability Act of

1996 (HIPAA).

Nothing in this Order shall be deemed to relieve any party or attorney of the

requirements of the Federal Rules of Civil Procedure. Nothing in this Order permits

disclosure of confidential communications, made for the purposes of diagnosis or treatment

of a patient's mental or emotional condition, including alcohol or drug addiction, among the

patient, the patient's psychotherapist, and persons who are participating in the diagnosis or

treatment under the direction of the psychotherapist, including members of the patient's

family, nor does this Order permit disclosure of records or information relating to HIV

testing or sexually transmitted disease. 

Nothing in this Order shall be construed to authorize any party or any attorney for any

party to release, exchange, submit or share any Protected Health Information with any other

person or any other entity, other than an agent or employee of the attorney or party. This

Order prohibits the parties from using or disclosing the Protected Health Information for any

purpose other than this litigation or proceeding.

At the conclusion of this action and at the written request of an individual whose

Protected Health Information has been disclosed, or such Individual's authorized

representative, all recipients of the Protected Health Information shall return to the requesting

party the documents containing Protected Health Information received by them pursuant to

this Order, except that Protected Health Information, which is included in insurance claim

Case 2:06-cv-00623-MEF-SRW Document 26 Filed 04/09/2007 Page 2 of 3
files and law firm litigation files, may be retained to allow compliance to the extent and for

the period that such retention is required by Alabama insurance laws and the Federal Rules

of Civil Procedure.

DONE, this 9th day of April, 2007.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

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