OAH Docket No.
8-0900-17527-2
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE COMMISSIONER
OF HEALTH
|
In the Matter of |
PROTECTIVE ORDER |
The
Minnesota Department of Health requested a Protective Order in the above matter
limiting disclosure of data classified as private and confidential under the
Minnesota Data Practices Act, closing the hearing in this proceeding and
sealing the hearing record as necessary to maintain the not public nature of private
and confidential data.
Based
upon all the files and proceedings, it is appropriate to issue a Protective
Order. This Order is issued pursuant to Minnesota Statutes §§ 13.03 (6) and
14.60 (2), and Minnesota Rules 1400.6700 (4). This Order prohibits the disclosure of data
classified as “not public,” under Minnesota
Statutes Chapter 13, or other applicable law, to persons not bound by this
Protective Order, as set forth below.
Therefore, the Administrative Law Judge hereby enters the following:
ORDER
1. Disclosure
of not public data is permitted in this matter but is limited to the
undersigned Administrative Law Judge, employees of the Department of Health,
the provider and its employees, counsel of record, employees assisting counsel
in preparation of the case, witnesses from whom affidavits have been obtained
or otherwise appear at the hearing and other persons to whom the not public
data must be disclosed in order to adequately prepare for the hearing in this
matter.
2. Data subject to this Protective Order
includes data classified as “not public,” under Minnesota Statutes Chapter 13, or other applicable law, and
includes private or confidential data contained in the following materials: the
contents of the Minnesota Department of Health’s case file; documents and
records which become a part of the hearing record – including any written post-hearing
submissions allowed by the Administrative Law Judge; the transcript of the hearing;
the recommended decision of the Administrative Law Judge; and the final
decision of the Commissioner of Health.
3. “Not public” data specifically includes, but
is not limited to: (1) the name of any vulnerable adults; (2) the
identity of all individuals interviewed as part of the investigation; (3) other
data on individuals maintained as part of the investigation.
4. Data identifying persons described in
paragraph No. 3 above shall not become public data by virtue of having been
submitted to this proceeding and shall remain not public after the conclusion
of the hearing. In preparation for and
during the hearing, the parties may refer to names of individuals involved and
will have access to documents containing private information. Unless the Administrative Law Judge
determines that it is in the best interest of the persons described in
paragraph No. 3 above, the record will not be sealed. The Administrative Law Judge’s Recommendation
and the Commissioner’s Order shall use non-identifying initials or aliases in
place of the names of any persons described in paragraph No. 3 above.
5. The hearing in this matter is presumed
open. If there is testimony by or about
persons described in paragraph No. 3 above, that portion of the hearing shall
be closed. If a transcript is ordered, the names of the persons described in
paragraph No. 3 above shall be redacted and replaced by non-identifying
initials or aliases.
6. The data encompassed by this order may be used in
this proceeding and any formal appeal or other action taken by
7. Nothing in this Protective Order permits the disclosure of the
identity of any reporter as prohibited by Minnesota
Statutes § 626.557 (5) (d).
8. Any
person bound, as described by this Protective Order in paragraph No. 1, is
prohibited from disclosing any of the data subject to this Protective Order to
anyone other than those persons identified in paragraph No.1 above.
9. Subject
to the provisions of Paragraph No. 6 above, the parties and counsel must return
all copies of data subject to this Protective Order to the Disclosing Party
within 30 days after final settlement or conclusion of this matter, including
administrative or judicial review thereof, unless otherwise agreed upon by the
Disclosing Party.
10. This Protective Order will expire upon the
date of compliance with the requirements of paragraph 9 above.
Dated: January 5, 2007
_s/Eric
L. Lipman____________
ERIC
L. LIPMAN
Administrative
Law Judge