STATE
OF
OFFICE
OF ADMINISTRATIVE HEARINGS
FOR
THE COMMISSIONER OF HEALTH
In the Matter of
Survey Exit Date October 23, 2007
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 review in this proceeding, and
sealing the review 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 Minn.
Stat. §§ 13.03, subd. 6, and 14.60, subd. 2, and Minn. R. 1400.6700,
subp. 4. This Order prohibits the
disclosure of data classified as “not public” under Minn. Stat. § 626.557, subds. 5(d)
and 12b, Minn. Stat. 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 who otherwise appear and
speak at the review, and other persons to whom the not public data must be
disclosed in order to adequately prepare for the meeting in this matter.
2. Data subject to this Protective Order
includes data classified as “not public” by Minn. Stat. § 626.557,
subds. 5(c) and 12b, Minn. Stat. Chapter 13, or other applicable law, and
includes private or confidential data contained in the following: the contents of the Minnesota Department of
Health’s case file; documents and records which become a part of the record of
the review meeting, including any written post-review meeting submissions
allowed by the Administrative Law Judge; the transcript of the review meeting;
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 the vulnerable adult; (2) the
identity of the individual alleged to be the perpetrator, unless the individual
is “substantiated” as the perpetrator as defined in Minn. Stat. Section
13.3805, subd. 3; (3) the identity of all individuals interviewed as
part of the investigation; (4) other data on individuals maintained
as part of the investigation; and (5) the name of the person who
reported the alleged maltreatment.
4. Data identifying persons described in
paragraph No. 3 above shall not become public data by virtue of having been
submitted in this proceeding and shall remain not public after the conclusion
of this review meeting. In preparation
for and during the meeting, 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 meeting in this matter is presumed
open. If there is testimony by or about
persons described in paragraph No. 3 above, that portion of the meeting 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 only in this proceeding and not for any other purpose including collateral
litigation, unless otherwise ordered by a court of law.
7. Nothing in this Protective Order permits
the disclosure of the identity of any reporter as prohibited by Minn. Stat. § 626.557,
subd. 5(d).
8. Any person bound by this Protective Order
(as described 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. The parties and counsel must return all
copies of data subject to this Protective Order to the Department at the close
of the review.
10. This Protective Order will expire upon
compliance with the requirements of paragraph 9 above.
Dated: January 15, 2008
s/Barbara
L. Neilson
___________________________________
BARBARA
L. NEILSON
Administrative Law Judge