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United States ex rel. Winter v. Gardens Regional Hospital and Medical Center, Inc.

United States District Court, C.D. California

October 27, 2017

UNITED STATES OF AMERICA ex rel. JANE WINTER, Plaintiff,
v.
GARDENS REGIONAL HOSPITAL AND MEDICAL CENTER, INC. D/B/A TRI-CITY REGIONAL MEDICAL CENTER, a California Corporation; ROLLINSNELSON LTC CORP., a California Corporation; S&W HEALTH MANAGEMENT SERVICES, INC., a California Corporation; VICKI ROLLINS, an individual; BILL NELSON, an individual; BERYL WEINER, an individual; PRODE PASCUAL, M.D., an individual; RAFAELITO VICTORIA, M.D., an individual; ARNOLD LING, M.D., an individual; CYNTHIA MILLER-DOBALIAN, M.D., an individual; EDGARDO BINOYA, M.D., an individual; NAMIKO NERIO, M.D., an individual; MANUEL SACAPANO, M.D., an individual, Defendants.

          KHOURI LAW FIRM, APC MICHAEL J. KHOURI ANDREW B. GOODMAN Attorneys for qui tarn plaintiff, JANE WINTER.

          LAW OFFICES OF MICHAEL D. GONZALEZ MICHAEL D. GONZALEZ ANDREA D. VAZQUEZ Attorneys for defendant, PRODE PASCUAL, M.D.

          SPERTUS, LANDES & UMHOFER, LLP MATTHEW DONALD UMHOFER ELIZABETH J. LEE Attorneys for defendants, ROLLINSNELSON LTC CORP., VICKI ROLLINS, and BILL NELSON.

          GIBSON DUNN & CRUTCHER, LLP THAD A. DAVIS JAMES L. ZELENAY, JR. VIVEK GOP ALAN Attorneys for defendants, BERYL WEINER and S&W HEALTH MANAGEMENT SERVICES, INC.

          [PROPOSED] PROTECTIVE ORDER GOVERNING THE DISCLOSURE OF HEALTH INFORMATION AND CONFIDENTIAL INFORMATION [STIPULATION SUBMITTED CONCURRENTLY]

         Upon a showing of good cause in support of the entry of a Protective Order to protect the discovery and dissemination of confidential information, including Protected Health Information and proprietary business information, IT IS ORDERED:

         1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure ("FRCP").

         2. As used in this Protective Order:

(a) "Document" is defined as provided in FRCP 34(a), including any electronically-stored information, or tangible thing. A draft or non-identical copy is a separate document within the meaning of this term.
(b) "Protected Health Information" or "PHI" means "protected health information" as defined in 45 C.F.R. § 160.103, and also includes individually identifiable information that may be subject to the provisions of the Privacy Act, 5 U.S.C. § 552a, or the provisions of 42 U.S.C. § 1306. "Protected Health Information" shall include, but is not limited to, medical records, claim data, claim forms, grievances, appeals, or other documents or records that contain any patient health information required to be kept confidential under any state or federal law, including 45 C.F.R. Parts 160 and 164 promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (see 45 C.F.R. §§ 164.501 & 160.103), and the following subscriber, patient, or member identifiers:
(1) names;
(2) all geographic subdivisions smaller than a State, including street address, city, county, precinct, and zip code;
(3) all elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, age, and date of death;
(4) telephone numbers;
(5) fax numbers;
(6) electronic mail addresses;
(7) social security numbers;
(8) medical record numbers;
(9) health plan beneficiary numbers;
(10) account numbers;
(11) certificate/license numbers;
(12) vehicle identifiers and serial numbers, including license ...

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