The opinion of the court was delivered by: Chief Magistrate Judge Merz
PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION AND CONFIDENTIAL OR PROPRIETARY BUSINESS INFORMATION
The parties, Plaintiff Community Insurance Company ("CIC") and Defendants Good Samaritan Hospital, Miami Valley Hospital and Premier Health Partners, Inc. (collectively, the "Defendants") 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).
1. Production of Confidential Health Information
The Defendants or CIC 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 any party 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
To designate "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 orrequest 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 ...