United States District Court, D. Connecticut
PROPOSED QUALIFIED PROTECTIVE ORDER
Vanessa L. Bryant, United States District Judge
the Wisconsin Province of the Society of Jesus (the
“Province”) has filed this action against Audrey
Cassem (“A. Cassem”), Thomas Owens, II
(“Owens”), the Teachers Insurance and Annuity
Association and College Retirement Equities Fund
(“TIAA-CREF”), and Neil Kraner in his capacity as
Temporary Administrator of the Estate of Edwin H. Cassem
the production of documents by third parties in response to
subpoenas served by the Province will require the production
of documents that contain “protected health
information” that is protected from unauthorized
disclosure by the Health Insurance Portability and
Accountability Act of 1996 (“HIPAA”), and the
privacy regulations promulgated thereunder (45 C.F.R. §
164.500 et seq.) (“Qualified HIPAA
the Province wishes to obtain documents responsive to the
subpoenas it served on third parties while at the same time
protecting Qualified HIPAA Information;
the United States District Court for the District of
Connecticut finds that a Qualified Protective Order as
authorized by 45 C.F.R. § 164.512 is necessary, and for
other good cause.
HEREBY ORDERED AS FOLLOWS:
parties and attorneys to the above-captioned matter (the
“Action”) are hereby authorized to subpoena,
receive, produce and transmit protected health information
pertaining to Edwin H. Cassem to the extent and subject to
the conditions set forth herein.
purposes of this Qualified Protective Order, “protected
health information” shall have the same scope and
definition as set forth in 45 C.F.R. § 160.103,
including, but not limited to, information related to:
a. The past physical and/or mental condition of Edwin H.
b. The provision of care to Edwin H. Cassem; and
c. The payment for care provided to Edwin H. Cassem which
identifies Edwin H. Cassem or which reasonably could be
expected to identify Edwin H. Cassem.
“covered entities, ” as defined in 45 C.F.R.
§ 160.103, are authorized to disclose protected health
information pertaining to Edwin H. Cassem to all attorneys in
parties and their attorneys shall be permitted to use the
protected health information in any manner reasonably
connected with this Action, including but not limited to,
disclosure to the parties and their attorneys, experts,
consultants, the court, necessary court personnel, court
reporters, copy services, trial consultants, jurors, any
appellate court, and other persons and entities involved in
the litigation process.
protected health information produced or disclosed in the
Action shall be used solely for the prosecution or defense,
including any appeal therefrom, of the ...