IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

LUMBERMAN’S UNDERWRITING )

ALLIANCE and CAMBRIDGE )

INTEGRATED SERVICES GROUP, INC. )

as Subrogees of TRANSPORT LEASING/ )

CONTRACT, INC.; HANSEN & ADKINS )

AUTO TRANSPORT, )

 )

 Plaintiffs, )

 ) 

vs. ) 3:06-CV-645-MEF 

 ) 

EMORY LEE YOUNG, an individual, ) 

)

Defendant. )

ORDER ON MOTION

AND 

CONSENT HIPAA ORDER 

Upon review of the Defendant’s unopposed Motion for Protective Order (Doc. 6, filed

September 27, 2006), it is ORDERED that the Motion is GRANTED. Accordingly, the parties are

governed by the following Protective Order: 

Upon compliance with Alabama and federal law, the attorneys for the parties and/or pro se

parties to this lawsuit are permitted to obtain all health information, including charges therefor,

relating to James John; DOB: 10/20/1938. This Order neither broadens nor restricts any party’s

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

to permit compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Subject to the applicable provisions of Alabama and federal law pertaining to the scope and limits of

discovery, the attorneys for the parties to this lawsuit may request an interview with any healthcare

providers, health plan administrators, or other individuals in connectionwith the aforesaid mentioned

Case 3:06-cv-00645-MEF-TFM Document 7 Filed 09/28/2006 Page 1 of 3
health information and payments thereof (such information collectively referred to hereafter as

“protected health information”). Such healthcare provider, health plan administrator, or other

individual may grant or deny a request for an interview. 

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

production of documents or commanding attendance at deposition or trial to disclose Protect

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,

including members of the patient’s family. Nothing in this Order permits disclosure of records or

information relating to HIV testing or sexually transmitted disease. 

 Nothing in this Order shall be constructed 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 proceedings. 

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 and all copies

thereof containing Protected Health Information received by them pursuant to this Order, except that

Case 3:06-cv-00645-MEF-TFM Document 7 Filed 09/28/2006 Page 2 of 3
Protected Health Information, which is included in insurance claim 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 Alabama State Bar rules and regulations. 

Done this 28 day of September, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 3:06-cv-00645-MEF-TFM Document 7 Filed 09/28/2006 Page 3 of 3