UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

PALM BEACH BRAIN & SPINE, LLC et al.,

1

Debtors.

Chapter 11

Case No. 19-20831-MAM

(Jointly Administered)

UNOPPOSED MOTION FOR 

ENTRY OF A HIPAA QUALIFIED PROTECTIVE ORDER

The above-captioned debtors and debtors-in-possession (collectively, the “Debtors”)

hereby move (the “Motion”) this Court for the entry of a HIPAA Qualified Protective Order. In 

support of this Motion, the Debtors state as follows:

RELEVANT BACKGROUND

1. On August 14, 2019, (the “Petition Date”), the Debtors filed voluntary petitions 

for relief under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the 

Southern District of Florida (the “Court”).

2. In the ordinary course of business, the Debtors have access to and receive 

protected health information (“PHI”) that the Debtors are required to confidentially maintain 

pursuant to the Health Insurance Portability and Accountability Act of 1996 and corresponding 

privacy rules (“HIPAA”).

3. The Debtors, as well as the Northern Trust Company (“Northern Trust”), 

Echelon Medical Capital LLC (“Echelon”), Med-Link Capital, LLC, Medical Financial Group 

Holdings, LLC, Momentum Funding, LLC, (collectively, “Medlink”) and Well States 

1 The Debtors in these chapter 11 cases, along with the business addresses of each, are: Palm Beach Brain & 

Spine, LLC, 1447 Medical Park Blvd., Suite 101, Wellington, FL 33414; Midtown Outpatient Surgery Center, 

LLC, 4600 Linton Blvd., Suite 100, Delray Beach, FL 33445, and Midtown Anesthesia Group, LLC, 4600 

Linton Blvd., Suite 100, Delray Beach, FL 33445.

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 1 of 10
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Healthcare (“Wells States”, together with Northern Trust, Echelon and Medlink, the “Parties”),

anticipate that documents containing PHI and pertaining to the Parties and non-parties may be 

sought and produced in connection with these chapter 11 proceedings (the “Chapter 11 Cases”)

and related negotiations and litigation.

4. The Debtors and the Parties further anticipate that the production and transfer of 

PHI among certain key parties and their representatives may be necessary to resolve issues 

relating to the Chapter 11 Cases, and related negotiations and litigation. 

RELIEF REQUESTED AND BASIS THEREFOR

5. The Debtors seek entry of an order, substantially in the form attached hereto as 

Exhibit A (the “Proposed HIPAA Order”), authorizing certain procedures to maintain the 

confidentiality of patient information as required by HIPAA

6. The Proposed HIPAA Order facilitates production of PHI, provided the PHI is 

relevant to the issues presented in these Chapter 11 Cases, or related settlement negotiations or 

litigation among the Parties, prohibits the dissemination of PHI to pursue any lawsuit for any 

other purpose or in any other proceeding, and requires the destruction of any PHI obtained 

during these Chapter 11 Cases upon the occurrence of certain events.

7. It is of paramount importance to the Debtors and the Parties that PHI be 

maintained in accordance with patient expectations and HIPAA. HIPAA imposes stringent 

standards on health care providers regarding the use and disclosure of patients’ health 

information and establishes significant penalties for unauthorized use or disclosure of such 

information.

8. The Debtors believe that the requirements to maintain patient confidentiality 

under HIPAA conflict with the pressing need under the circumstances to disclose certain PHI to, 

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 2 of 10
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from, and among the Debtors and the Parties. Therefore, the Debtors respectfully request that 

PHI be protected in accordance with the terms and limitations set forth in the Proposed HIPAA 

Order. The Parties have been consulted regarding the proposed terms and limitations and have 

agreed to the Debtors filing this motion as “unopposed” and to entry of the Proposed HIPAA 

Order.

WHEREFORE, for the reasons set forth herein, the Debtors respectfully request that the 

Court (a) enter the Proposed HIPAA Order, substantially in the form attached hereto as Exhibit 

A, granting the relief requested in the Motion; and (b) grant such other and further relief as may 

be just and proper.

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court 

for the Southern District of Florida and I am in compliance with the additional qualifications to 

practice in this court set forth in Local Rule 2090-1(A) and that a true and correct copy of the 

foregoing was furnished via U. S. Mail to the parties indicated below on this 13th day of

November, 2019.

KELLEY, FULTON & KAPLAN, P.L.

1665 Palm Beach Lakes Blvd.

The Forum - Suite 1000

West Palm Beach, Florida 33401

Telephone No. (561) 491-1200

Facsimile No. (561) 684-3773

By:/s/ Craig I. Kelley________

Craig I. Kelley

Florida Bar No.: 782203

Mailing Information for Case 19-20831-MAM

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Electronic Mail Notice List

The following is the list of parties who are currently on the list to receive email notice/service 

for this case. 

• Joaquin J Alemany joaquin.alemany@hklaw.com, jose.casal@hklaw.com

• Eyal Berger eyal.berger@akerman.com, jeanette.martinez@akerman.com

• Jonathan M Davidoff jonathan@davidofflawfirm.com

• Robert W Davis robert.davis@hklaw.com, pauline.nye@hklaw.com

• Drew M Dillworth ddillworth@stearnsweaver.com, 

mfernandez@stearnsweaver.com;rross@stearnsweaver.com;dillworthcdp@ecf.epiqsyste

ms.com;cgraver@stearnsweaver.com;fsanchez@stearnsweaver.com

• Heidi A Feinman Heidi.A.Feinman@usdoj.gov

• Malinda L Hayes malinda@forbusinessandlife.com, mlhbnk@gmail.com

• Kelly D Haywood khaywood@bhpalaw.com

• John B. Hutton III huttonj@gtlaw.com, 

mialitdock@gtlaw.com;miaecfbky@gtlaw.com

• Dana L Kaplan dana@kelleylawoffice.com, 

tina@kelleylawoffice.com;craig@kelleylawoffice.com;cassandra@kelleylawoffice.com;

kaplandr75945@notify.bestcase.com;Debbie@kelleylawoffice.com

• Benjamin Keck bkeck@rlklawfirm.com

• Craig I Kelley craig@kelleylawoffice.com, 

dana@kelleylawoffice.com,tina@kelleylawoffice.com,cassandra@kelleylawoffice.com;k

elleycr75945@notify.bestcase.com;Debbie@kelleylawoffice.com

• Lawrence A Levine llevine@anl-law.com, pleadings@anl-law.com

• Ronald Lewis ron@lewisthomaslaw.com, bennie@cbrlawgroup.com

• David B Marks brett.marks@akerman.com, charlene.cerda@akerman.com

• Orfelia M Mayor omayor@ombankruptcy.com, legalservices@pbctax.com

• Office of the US Trustee USTPRegion21.MM.ECF@usdoj.gov

• Kristopher E Pearson kpearson@stearnsweaver.com, 

rross@stearnsweaver.com;larrazola@stearnsweaver.com;Atty_arrazola@bluestylus.com;

cgraver@stearnsweaver.com

• Kevin A Reck kreck@foley.com, bshelley@foley.com

• Reginald Sainvil sainvilr@gtlaw.com

• Mark J Wolfson mwolfson@foley.com, crowell@foley.com

Manual Notice List

The following is the list of parties who are not on the list to receive email notice/service for this 

case (who therefore require manual noticing/service). You may wish to use your mouse to select 

and copy this list into your word processing program in order to create notices or labels for these 

recipients. 

Edwin Lunsford

2000 PGA Blvd #3200A 

Palm Beach Gardens, FL 33408

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 4 of 10
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Rountree

2987 Clairmiont Rd #175 

Atlanta, GA 30329

Wells Fargo Vendor Financial Svcs LLC

c/o Christine R Etheridge 

POB 13708

Macon, GA 31208

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 5 of 10
Exhibit A

Proposed HIPAA Order

(Attached)

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 6 of 10
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ACTIVE 46739485v5

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

www.flsb.uscourts.gov

In re:

PALM BEACH BRAIN & SPINE, LLC et al.,

1

Debtors.

Chapter 11

Case No. 19-20831-MAM

(Jointly Administered)

HIPAA QUALIFIED PROTECTIVE ORDER

THIS MATTER came before the Court for hearing on ___________ at ________ upon the 

Unopposed Motion for Entry of HIPPA Qualified Protective Order [ECF No. ___] (the “Motion”) 

filed by the above-captioned debtors and debtors-in-possession (collectively, the “Debtors”). By 

the Motion, the Debtors seek entry of an order to facilitate the production and transfer of Protected 

Health Information to, from and among certain key parties and their representatives. As set forth 

1 The Debtors in these chapter 11 cases, along with the business addresses of each, are: Palm Beach Brain & Spine, 

LLC, 1447 Medical Park Blvd., Suite 101, Wellington, FL 33414; Midtown Outpatient Surgery Center, LLC, 

4600 Linton Blvd., Suite 100, Delray Beach, FL 33445, and Midtown Anesthesia Group, LLC, 4600 Linton Blvd., 

Suite 100, Delray Beach, FL 33445.

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 7 of 10
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ACTIVE 46739485v5

in the Motion, the Debtors, as well as the Northern Trust Company (“Northern Trust”), Echelon 

Medical Capital LLC (“Echelon”), Med-Link Capital, LLC, Medical Financial Group Holdings, 

LLC, Momentum Funding, LLC, (collectively, “Medlink”) and Well States Healthcare 

(“Wells States”, together with Northern Trust, Echelon and Medlink, the “Signatories”),

recognize the need to provide for the expeditious sharing of Protected Health Information

(“PHI”) as necessary to resolve issues in connection with these chapter 11 proceedings (the 

“Chapter 11 Cases”) and further recognize the need to provide for the continued confidentiality

of PHI. 

To achieve these goals, and based upon the Motion, the record in these Chapter 11 Cases, 

the agreement of the Debtors and the Signatories, and this Court having found and determined that 

the relief sought in the Motion is in the best interests of the Debtors’ estates, their creditors and 

other parties in interest and that the legal and factual bases set forth in the Motion establish just 

cause for the relief granted herein; and after due deliberation and sufficient cause appearing 

therefor,

IT IS ORDERED as follows:

1. The Motion is granted to the extent provided herein.

2. The definitions and terms and limitations set forth below shall apply in these 

Chapter 11 Cases to the Debtors and Signatories. Nothing herein replaces or supersedes any 

Business Associate Agreements entered into between or among the Signatories and Debtors. 

3. To the extent that the Motion is inconsistent with this Order, the terms of this 

Order shall govern.

4. This Court retains jurisdiction with respect to all matters arising from or related 

to the interpretation or implementation of this Order.

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 8 of 10
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ACTIVE 46739485v5

DEFINITIONS

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, 

codified primarily at 18, 26 & 42 U.S.C. (2003).

“PHI” means protected health information, as that term is used in HIPAA and the Privacy

Standards and defined in 45 C.F.R. §§ 160 & 164 (2003). Without limiting the definition and

merely for purposes of providing relevant examples, PHI includes, but is not limited to, health

information in paper, electronic or other media, including demographic information, relating to

either: the past, present, or future physical or mental condition of an individual; the provision

of care to an individual; and the payment for care provided to an individual that identifies

the individual or which reasonably could be expected to identify the individual. 

“Privacy Standards” means the Standards for Privacy of Individually Identifiable Health

Information. See 45 C.F.R. §§ 160 & 164 (2003).

“Covered Entities” means those entities defined by 45 C.F.R. § 160.103 (2003).

“Signatories” means Northern Trust, Echelon, Medlink, Wells States, and any other party

that the court may subsequently recognize as a signatory of this qualified protective order.

TERMS AND LIMITATIONS

1. The Signatories are familiar with HIPAA and the Privacy Standards.

2. The Signatories recognize that it may be necessary during the course of the 

Chapter 11 Cases to produce, receive, subpoena, and transmit PHI of current and

future parties, third-parties, and non-parties to other parties, third-parties, and nonparties and their attorneys and representatives.

3. Notwithstanding federal or state law limiting the Signatories’ and Covered Entities’

authority to disclose PHI, the Signatories and Covered Entities are permitted to

release all PHI in their possession in response to a subpoena, discovery request or

other lawful process, including voluntary disclosures between the Signatories, 

provided the PHI is relevant to the issues presented in these Chapter 11 Cases, or 

related settlement negotiations or litigation between the Signatories.

4. The Signatories are permitted to use the PHI in any manner that is reasonably

connected with these Chapter 11 Cases, or related settlement negotiations or 

litigation between the Signatories. This includes, but is not limited to, disclosures

to the parties, their attorneys of record, the attorney’s firms (i.e., attorneys, support

staff, agents, consultants), the parties’ insurers, experts, consultants, court

personnel, court reporters, copy services, trial consultants, jurors, venire members,

and other entities involved in the bankruptcy or related litigation process, including 

any of the patients and their personal injury attorneys. The Signatories are 

prohibited from using or disclosing the PHI for any purpose other than these 

Case 19-20831-MAM Doc 183 Filed 11/13/19 Page 9 of 10
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ACTIVE 46739485v5

Chapter 11 Cases, or related settlement negotiations or litigation between or among 

the Signatories. The Signatories agree to mark documents containing PHI as 

“confidential” before transmitting or releasing them.

5. The Signatories agree that within 90 days of the issuance of a final decree in these 

Chapter 11 Cases, or within 90 days of issuance of any final order in any related 

litigation between the Signatories or the extinguishment of all appeals, all

Signatories that obtained PHI during the course of these Chapter 11 Cases or 

related litigation shall destroy said PHI (including all copies made) or return it to

the Covered Entity from which it obtained the PHI.

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