UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ALMA T. MCBROOM )

 Plaintiff )

)

v. ) Civil Action NO. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

Defendants )

MOTION FOR ENTRY OF HIPAA ORDER

COME NOW the defendants, Vanessa Gordon and The Montgomery Alabama Area

Local American Postal Workers Union, AFL-CIO, by and through the undersigned counsel of

record, and respectfully requests that this Honorable Court issue an order requiring all health

care providers, health plan administrators and other individuals who may be in possession of

health information that is protected by the privacy regulations issued pursuant to the Health 

Insurance Portability and Accountability Act of 1996 (HIPAA), to produce said information. As 

grounds for said motion, defendant says as follows:

1. That recent privacy regulations issued pursuant to HIPAA have set many new 

requirements in place which must be met before certain custodians of health 

 information can disclose said information.

2. That, due to the new requirements, subpoenas and subpoenas duces tecum now 

issued in litigation matters are being met with resistance and /or delay.

3. That the new privacy regulations issued pursuant to HIPAA have caused a great 

deal of confusion and uncertainty as to what can and cannot be produced in 

response to a subpoena request.

Case 2:06-cv-00767-MEF-SRW Document 78 Filed 06/08/2007 Page 1 of 2
4. That the issuance of the Order (attached hereto as Exhibit "A") will have the 

effect of minimizing any uncertainty and confusion, and allow litigation to 

proceed without unnecessary delay.

WHEREFORE, PREMISES CONSIDERED, the defendants respectfully request this 

Honorable Court for Entry of a HIPAA order for the grounds stated above.

Respectfully Submitted,

 /s/ William P. Roberts II_____ 

William P. Roberts, II (ROB111)

Attorney for Defendant

OF COUNSEL:

Howell, Sarto & Howell

PO Box 681864

Prattville, AL 36068

(334)365-2286

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing upon all counsel by placing a

copy of the same in the U.S. Mail, first class postage prepaid, properly addressed to them at the 

addresses listed below this the _____ day of __________, 2007.

_______________________________

WILLIAM P. ROBERTS, II

Deborah Nickson 

2820 Fairlane Drive, A-10

Montgomery, AL 36116

Brenda C. Zwack 

O’DONNELL, SCHWARTZ, & ANDERSON, P.C.

1300 L. Street NW, Suite 1200

Washington, DC 20005-4126

Patrick Nakamura 

NAKAMURA, QUINN & WALLS L.L.P.

2204 Lakeshore Drive, Suite 130

Birmingham, AL 35209

Case 2:06-cv-00767-MEF-SRW Document 78 Filed 06/08/2007 Page 2 of 2
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ALMA T. MCBROOM )

 Plaintiff )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

Defendants )

HIPAA ORDER IN CIVIL ACTION

Upon compliance with Federal law, the attorneys for the parties and/or pro se parties to 

this lawsuit are permitted to obtain all health information, including charges therefore, relating to 

any Individual who is a party to this case, or an decedent or other real party in interest,

represented by an executor, administer, guardian, next friend, bailee or trustee. 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 (HIPAA).

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 

disclose Protected Health Information in response to such request or subpoena. The 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 purpose 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 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 proceedings. 

At the conclusion of this action and at the written request on 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, which is included in 

Case 2:06-cv-00767-MEF-SRW Document 78-2 Filed 06/08/2007 Page 1 of 2
law firm litigation files, may be retained to allow compliance to the extent and for the period that 

such retention is required the Federal or State Bar rules and regulations and or appellate purposes 

related to this case.

DONE AND ORDERED this the _______ day of ________________, 2007.

________________________________________

JUDGE

Case 2:06-cv-00767-MEF-SRW Document 78-2 Filed 06/08/2007 Page 2 of 2