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. *

ORDER ON MOTION

AND

HIPAA ORDER

Upon review of Defendant’s Motion for Entry of HIPAA Order (Doc. 8, filed October

25, 2006), which is unopposed, it is, for good cause,

ORDERED that the Motion is GRANTED. Accordingly, the parties are governed

by the following 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

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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 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

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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 26 day of October, 2006. th

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

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