IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

Russell E. Garner *

*

Plaintiff, *

*

vs. * Civil Case No. 01:06cv781-MHT

*

Progressive Direct Insurance Company, *

*

Defendant. *

HIPAA ORDER

Upon compliance with Rule 45 of the Alabama 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,

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. Subject to the provisions of Rule 26 of the Alabama Rules of Civil

Procedure pertaining to the scope and limits of discovery, the attorneys for the

parties to the lawsuit may request an interview with any health care providers,

health plan administrators, or other Individuals in connection with the

aforementioned health information and payments therefore (such information

collectively referred to hereafter as “Protected Health Information”). Such health

care provider, health plan administrator, or other Individual may grant or deny a

request for an interview.

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. 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 Alabama Rules of Civil Procedure. Nothing in this Order

permits disclosure of confidential communications, made for the purposes of

Case 1:06-cv-00781-MHT-TFM Document 8-2 Filed 10/25/2006 Page 1 of 2
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 diseases. 

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.

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 copies hereof containing Protected

Health Information received by them pursuant to this Order.

Done this ________ day of ________________________, 2006.

___________________________________

U.S. DISTRICT COURT JUDGE

Case 1:06-cv-00781-MHT-TFM Document 8-2 Filed 10/25/2006 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

Russell E. Garner *

*

Plaintiff, *

*

vs. * Civil Case No. 01:06cv781-MHT

*

Progressive Direct Insurance Company, *

*

Defendant. *

DEFENDANT’S MOTION FOR ENTRY OF HIPAA ORDER

COMES NOW the Defendant, by and through counsel, and respectfully requests this

Honorable Court to sign and enter the attached HIPAA Order in this case. Said Order is

necessary so that the Defendant may obtain mental health records which are relevant and

material to the claims asserted against the Defendant by the Plaintiff in this case. 

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully requests this

Honorable Court to sign and enter the attached HIPAA Order so that the Defendant may

utilize said order to begin discovery of relevant and material medical information with

respect to the Plaintiff. 

Respectfully submitted this the 25 day of October, 2006. th

_/s/ Jason D. Darneille________________

Alex L. Holtsford, Jr. (HOL048)

Jason D. Darneille (DAR011)

Attorneys for Defendant

Case 1:06-cv-00781-MHT-TFM Document 8-3 Filed 10/25/2006 Page 1 of 2
OF COUNSEL:

NIX HOLTSFORD GILLILAND HIGGINS & HITSON, P.C.

P. O. Box 4128

Montgomery, Alabama 36103

Tel: 334-215-8585

Fax: 334-215-7101

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing has been served upon:

David W. Rousseau

Attorney For Plaintiff

211 W. Adams Street

Dothan, Alabama 36303

by placing same in the United States Mail, postage prepaid, on this the _25th_ day of

October, 2006.

_/s/ Jason D. Darneille________________

OF COUNSEL 

Case 1:06-cv-00781-MHT-TFM Document 8-3 Filed 10/25/2006 Page 2 of 2