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)

ORDER GRANTING UNOPPOSED MOTION FOR ENTRY OF HIPAA 

QUALIFIED PROTECTIVE ORDER 

THIS MATTER came before the Court on November 26, 2019 upon the Unopposed 

Motion for Entry of HIPAA Qualified Protective Order [ECF No. 183] (the “Motion”) filed by the 

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

having reviewed the file and been advised of the agreement between the Debtors and the 

Signatories (defined below),

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.

ORDERED in the Southern District of Florida on December 5, 2019.

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

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THIS COURT FINDS:

a. 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. 

b. As set forth 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, “Med link”) 

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. 

c. 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 in the attached Exhibit “A” to 

this Order 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 

Case 19-20831-MAM Doc 214 Filed 12/05/19 Page 2 of 3
Signatories and Debtors. 

3. The Signatories have each consulted with their respective Health Insurance

Portability and Accountability Act advisors and have determined that this Order is with their 

recommendations and advice.

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

shall govern.

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

the interpretation or implementation of this Order.

# # #

Submitted By:

Craig I. Kelley, Esquire

KELLEY, FULTON & KAPLAN, P.A.

1665 Palm Beach Lakes Blvd

The Forum - Suite 1000

West Palm Beach, FL 33401 

Tel. No. (561) 491-1200

Fax No. (561) 684-3773

e-mail: craig@kelleylawoffice.com

Copies furnished to:

Craig I. Kelley, Esq., is directed to serve copies of this order on the parties listed on the attached 

mail list and file a Certificate of Service.

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