United States District Court, M.D. Alabama, Northern Division
JOHN W. WASHINGTON, as next Friend of MAE R. WASHINGTON, Plaintiff,
BIO-MEDICAL APPLICATIONS OF ALABAMA, INC., a foreign Corporation, Defendant.
F. MOORER UNITED STATES MAGISTRATE JUDGE
matter is pending before the Court on Defendant's Motion
for Protective Order (Doc. 36) and Plaintiff's Response.
(Doc. 37). The parties have agreed to the entry of the
proposed Protective Order with the exception of sections
(¶ 3. and ¶6.c.) as contained in the proposed
Protective Order. (Doc. 36). After consideration of the
arguments of the parties, the Court concludes that neither of
the disputed sections is appropriately included in the Order.
The Court further concludes that the Protective Order entered
herein by the Court balances the privacy rights of the
third-party patients without unnecessarily inhibiting
Plaintiff's ability to conduct relevant discovery in this
case. Accordingly, it is ORDERED that the
Motion for Protective Order (Doc. 36) be GRANTED. It is
further ORDERED as follows:
purposes of this Protective Order,
a. “Action” means the above-referenced civil
action and all of its appellate proceedings, if any.
b. “Complaint” means the Complaint filed by
Plaintiff in this Action.
c. “Covered Entity” means “covered
entity” as defined in 45 C.F.R. §160.103.
d. “Third Party Patient” means any patient of
Bio-Medical Applications, Inc. d/b/a/ Fresenius Medical Care
Tallassee a/k/a Fresenius Kidney Care Tallassee
(“FKC”) who was present on the FKC Tallassee
treatment floor during the events made the basis of the
Complaint on June 2, 2017 and may have been a witness to the
events made the basis of the Complaint. The term “Third
Party Patient” is specifically defined for purposes of
this Protective Order to exclude any other patient of FKC
Tallassee who was not present on the FKC Tallassee treatment
floor during the events made the basis of the Complaint on
June 2, 2017.
e. “PHI” means “protected health
information” as defined in 45 C.F.R. §160.103.
HIPAA regulations allow the use and disclosure of PHI for
judicial proceedings in response to “an order of a
court . . . provided that the covered entity discloses only
the protected health information expressly authorized by such
order.” 45 C.F.R. § 164.512(e)(1)(i).
Under 45 C.F.R. § 164.512(e)(1)(i), FKC Tallassee, as a
Covered Entity, is AUTHORIZED and
ORDERED to disclose to Plaintiff the
identities and las known mailing addresses of the Third Party
Third Party Patients may have witnessed the events on June 2,
2017 made the basis of this action. As such, their identities
are relevant to this Action as potential fact witnesses
regarding the events of June 2, 2017. No. aspect of the Third
Party Patients' PHI and/or medical care or treatment
received at FKC Tallassee are relevant, discoverable, or
admissible in this Action.
satisfactory safeguards under the hipaa REGULATIONS AND IN
ORDER TO ABIDE BY THE PARAMETES OF THE Alabama Medical
Liability Act, including the provisions of Ala. Code
§6-5-551, the Court hereby ORDERS that
Plaintiff and Defendant are:
a. PROHIBITED from (i) asking the Third
Party Patients for any of their PHI, (ii) seeking information
containing the Third Party Patients' PHI, (iii) producing
any documents that contain the Third Party Patients' PHI,
and (iv) using any information or documents that contain the
Third Party Patients' PHI in this Action;
b. PROHIBITED from (i) asking the Third
Party Patients for any details of their care or treatment at
FKC Tallassee, (ii) seeking information regarding details of
the Third Party Patients' care or treatment at FKC
Tallassee, (iii) producing any documents that contain details
regarding the Third Party Patients' care or treatment at
FKC Tallassee, and (iv) using any information or documents
that contain ...