Joseph A. Ferrucci, (SBN 186287), FERRUCCI LAW GROUP, APC, Laguna Woods, CA, Attorneys for Plaintiff VINOD CHANDRASHEKHAR PATWARDHAN, M.D.
[REVISED PROPOSED] PROTECTIVE ORDER REGARDING PROTECTED HEALTH INFORMATION
DAVID T. BRISTOW, Magistrate Judge.
A. Plaintiff is a practicing oncologist;
B. In this action Plaintiff seeks damages resulting from his alleged inability to treat Medicare oncology patients due to defendants' alleged failure to accurately maintain their records regarding Plaintiff's Medicare Enrollment Status.
C. The documents upon which plaintiff's damage claim is based include "Protected Health Information (PHI), " which is any individually identifiable health information, including any records or information which identifies an individual or could reasonably be used to identify an individual, as defined in 45 C.F.R. § 160.103.
D. The PHI is relevant and needed for an understanding of Plaintiff's claims for damages.
IT IS THEREFORE ORDERED that:
1. Except as otherwise provided herein, PHI will not be disclosed to or used by anyone except the following persons, and by these persons solely for purposes of this litigation:
a. The Parties and their officers, directors, employees, representatives and insurers who have need for such information for purposes of this litigation;
b. In-house and outside counsel for the Parties and their staff necessarily involved in the conduct of this litigation;
c. Experts and consultants retained by any of the Parties who have a need for such information to assist in this litigation;
d. During deposition or trial, or in preparation for deposition or trial, to any deposition or trial witness where necessary ...