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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

MASSACHUSETTS MUTUAL LIFE )

INSURANCE COMPANY, )

Plaintiff, ) Case No. 2:08-cv-14130-RHC-SDP

)

v. )

)

ROBERT JOHNSON, )

Defendant. )

)

ROBERT JOHNSON, )

Defendant/Counter-Plaintiff )

)

v. )

)

MASSACHUSETTS MUTUAL LIFE )

INSURANCE COMPANY, )

)

and )

)

MARCUS MURRAY, as agent at )

MASSACHUSETTS MUTUAL LIFE )

INSURANCE COMPANY, )

)

and )

)

MARCUS MURRAY, as employee at )

MASSACHUSETTS MUTUAL LIFE )

INSURANCE COMPANY, )

Plaintiff/Counter-Defendants. )

_______________________________________)

ROBERT JOHNSON, )

Third-Party Plaintiff, )

)

v. )

)

MARCUS MURRAY, )

Third-Party Defendant. )

HIPAA QUALIFIED PROTECTIVE ORDER

Plaintiff/Counter-Defendant, MASSACHUSETTS MUTUAL LIFE INSURANCE

COMPANY, and Defendant/Counter-Plaintiff, ROBERT JOHNSON, recognize the need to

provide for the expeditious transfer of Protected Health Information (“PHI”) to other parties and

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to their representatives in connection with this litigation and further recognize the need to

provide for the continued confidentiality of PHI. To achieve these goals, and with the agreement

of the Parties:

IT IS ORDERED as follows:

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, 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 all parties to this litigation, their attorneys, and all non-parties that a

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 this

litigation 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, provided the PHI is relevant to the

issues presented in this litigation.

4. The Signatories agree not to use or disclose the PHI released for this lawsuit for

any other purpose or in any other proceeding.

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

connected with this lawsuit. 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 litigation process.

6. The Signatories agree that within 90 days of the issuance of a final order, or the

extinguishment of all appeals, all Signatories that obtained PHI during the course

of this lawsuit shall destroy said PHI or return it to the covered entity from which

it obtained the PHI.

DATED: ENTERED:

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: January 9, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record on this

date, January 9, 2009, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

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