IN THE UNITED STATES DISTRICT COURT FOR 

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

PROGRESSIVE AMERICAN )

INSURANCE COMPANY, )

)

PLAINTIFFS-STAKEHOLDERS, )

)

V. ) Civil Action No.: CV-06-717.ID

)

CAROL THORN, et al., )

)

DEFENDANTS-CLAIMANTS. )

MOTION FOR A HIPAA ORDER IN CIVIL ACTION 

COMES NOW defendant Greenville Hospital Corporation d/b/a LV Stabler Memorial

Hospital and moves the Court to enter the attached HIPAA Order in this case and as grounds

therefore, avers as follows:

The entry of the attached HIPAA Order is for the purpose of permitting compliance with the

Health Insurance Portability and Accountability Act of 1996 (HIPAA) and discoverable Protected

Health Information with regards to the above referenced matter. 

WHEREFORE, PREMISES CONSIDERED, defendant Greenville Hospital Corporation

d/b/a LV Stabler Memorial Hospital therefore moves the Court to enter the attached HIPAA Order

in this case.

 /s/ Greer B. Mallette 

Richard E. Smith

Greer B. Mallette

Attorneys for defendant Greenville Hospital

Corporation d/b/a L.V. Stabler Memorial Hospital

Case 2:06-cv-00717-ID-SRW Document 74 Filed 08/28/2007 Page 1 of 2
OF COUNSEL:

CHRISTIAN & SMALL LLP

Attorneys and Counselors

1800 Financial Center

505 North 20th Street

Birmingham, Alabama 35203-2607

CERTIFICATE OF SERVICE

I hereby certify that I have this date served a copy of the above and foregoing upon all

counsel of record in this cause by electronic or United States mail on this the 28 day of August, th

2007.

Mathew Richardson

Sidney W. Jackson, III

Jackson, Foster & Graham

P.O. Box 2225

R. Larry Bradford

Bradford & Sears, P.C.

2020 Canyon Road, Suite 100

Birmingham, AL 35216

Jimmie R. Ippolito, Jr.

1409 Coliseum Boulevard

Montgomery, AL 36130

 /s/ Greer B. Mallette 

OF COUNSEL

Case 2:06-cv-00717-ID-SRW Document 74 Filed 08/28/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT FOR 

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

PROGRESSIVE AMERICAN )

INSURANCE COMPANY, )

)

PLAINTIFFS-STAKEHOLDERS, )

)

V. ) Civil Action No.: CV-06-717.ID

)

CAROL THORN, et al., )

)

DEFENDANTS-CLAIMANTS. )

QUALIFIED HIPAA PROTECTIVE ORDER

The parties are hereby granted the right, upon compliance with the applicable discovery

provisions of the Federal Rules of Civil Procedure and the orders of this court, to obtain from any

health care provider, health plan, or other entity covered by the Health Insurance Portability and

Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996) ("HIPAA"), any and all

information relating to the past, present, or future medical condition of any individual who is a party

to this action (or the decedent or ward of a party who sues in a representative capacity), as well as any

and all information relating to the provision of health care to such individual and payment for the

provision of such health care.

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

production of documents or commanding attendance at deposition or trial to disclose the Protected

Health Information in response to such request or subpoena. This order is intended to authorize such

disclosures under the privacy regulations issued pursuant to HIPAA. 45 C.F.R. § 164.512(e)(1)(i).

The parties are expressly prohibited from using or disclosing the protected health information

obtained pursuant to this order for any purpose other than this action. Further, the parties are ordered

Case 2:06-cv-00717-ID-SRW Document 74-2 Filed 08/28/2007 Page 1 of 2
to either return to the covered entity from whom or which such protected health information was

obtained, or to destroy the protected health information (including all copies made), immediately upon

conclusion of this action. See 45 C. F. R. §§ 163.502(b); 164.512(e)(1)(v).

DONE and ORDERED this ________ day of __________, 2007.

__________________________

United States District Judge

Case 2:06-cv-00717-ID-SRW Document 74-2 Filed 08/28/2007 Page 2 of 2