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Good Samaritan Hospital v. Blue Cross Blue Shield of Michigan

July 18, 2006

GOOD SAMARITAN HOSPITAL, PLAINTIFF,
v.
BLUE CROSS BLUE SHIELD OF MICHIGAN, GOOD SAMARITAN. DEFENDANTS.



The opinion of the court was delivered by: (Magistrate Judge Michael R. Merz)

(Judge Thomas M. Rose)

PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION AND CONFIDENTIAL OR PROPRIETARY BUSINESS INFORMATION

The parties, Plaintiff Good Samaritan Hospital (the "Hospital") and Defendant Blue Cross Blue Shield of Michigan ("BCBSM") have asked the Court to enter a protective order in this case to facilitate the exchange of discovery materials among the parties and to protect individually identifiable health information and confidential business or proprietary information. The Court, having considered the motion and for good cause, hereby enters the following protective order pursuant to the Court's authority under Fed. R. Civ P. 26(c).

ORDERED:

1. Production of Confidential Health Information

The Hospital or BCBSM may produce certain individually identifiable health information pursuant to discovery requests. Individually identifiable health information includes information that relates to: (i) the past, present or future physical or mental health or condition of an individual, or (ii) the provision of health care services to an individual, or (iii) the past, present or future payment for the provision of health care to an individual and that identifies the individual or which there is a reasonable basis to believe can be used to identify the individual. See 45 C.F.R. 160.103.

The information produced pursuant to this Protective Order may be subject to the provisions of 45 C.F.R. §§ 164.102-164.534 and the patients may not have authorized the disclosure of such information. To the extent individually identifiable health information is being disclosed, it is being produced in accordance with 45 C.F.R. § 164.512 (e)(1). These documents shall be produced unredacted and the Hospital or BCBSM may designate such documents as Confidential Health Information in the manner set forth in paragraph 3, below, prior to producing them.

Confidential Health Information may be used only for purposes of this litigation, and shall be held in confidence by and between the parties and their attorneys, as defined and described in Paragraph 4 of this Protective Order.

2. Production of Confidential Business Information

Any party to this dispute may produce confidential or proprietary business information ("Confidential Business Information"). Confidential Business Information includes information with a particular proprietary interest to a party as well as information which is confidential to the parties' respective customers. Confidential Business Information shall be held in confidence by and between the parties and their attorneys, as defined and described in Paragraph 4 of this Protective Order.

3. Designation of Material Subject to this Protective Order

Todesignate "confidential" material covered by this Protective Order, the party shall so designate, on the material itself, in an accompanying cover letter, on a diskette cover, or interrogatory or request for admission response, by using one of the following designations: "CONFIDENTIAL HEALTH INFORMATION" or "CONFIDENTIAL BUSINESS INFORMATION."

4. The Disclosure of Confidential Matters

Confidential Health Information and Confidential Business Information shall not be disclosed in any manner to ...


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