|
|
OAH 15-0900-21020-2 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
MINNESOTA DEPARTMENT OF HEALTH
|
In the Matter of Good Shepherd Lutheran
Home Standard Survey completed September 18, 2009 |
PROTECTIVE
ORDER |
On February 5, 2010, Good Shepherd Lutheran Home
(“Provider”) requested a Protective Order in the above-captioned matter
limiting disclosure of protected health information (“PHI”) as defined by rules
promulgated or to be promulgated by the United States Department of Health and
Human Services, including the Privacy Rules (45 C.F.R. Parts 160 and 164), the
Standards for Electronic Transactions (45 C.F.R. Parts 160 and 162), and the
Security Standards (45 C.F.R. Part 142) (collectively, "Standards")
pursuant to the Health Insurance Portability and Accountability Act of 1996, 42
U.S.C. § 1320d-1329d-8 ("HIPAA"), closing the IIDR meeting in this
proceeding, and sealing the IIDR meeting record, as necessary, in order to
maintain the confidentiality of the PHI.
Based upon all the files and proceedings,
it is appropriate to issue a Protective Order.
This Order is issued pursuant to Minn. Stat. § 14.60, subd. 2 and
Minn. Rules pt. 1400.6700, subp. 4.
This Order prohibits the disclosure of PHI disclosed by Good Shepherd
Lutheran Home, 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 PHI 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 and or consultants assisting
counsel in preparation of the case, witnesses from whom affidavits have been
obtained or otherwise appear and speak at the IIDR meeting and other persons to
whom the PHI must be disclosed in order to adequately prepare for the IIDR meeting
on this matter.
2. “Data
subject to this Protective Order” includes data that the Provider must consider
PHI, subject to HIPAA, and includes private and confidential data contained in
the following documents: the contents of
the Minnesota Department of Health case file; documents and records that become
a part of the record of the IIDR meeting, including any written submissions
allowed by the Administrative Law Judge; the transcript and or digital
recording of the IIDR meeting; the recommended decision of the Administrative
Law Judge; and the final decision of the Commissioner of Health.
3. PHI
specifically includes, but is not limited to, the identity of persons cared for
by Provider whose care and treatment were reviewed by surveyors of the
Minnesota Department of Health and are the subject of the IIDR meeting and the
information that relates to the past, present or future physical or mental
condition of those persons.
4. Data
identifying persons described in Paragraph No. 3, above, shall not become
public or not confidential by virtue of having been submitted to this
proceeding and shall remain confidential after the conclusion of this
proceeding. In preparation for and
during the IIDR meeting, the parties may refer to names of individuals involved
and will have access to documents containing PHI. 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 will use non-identifying initials or aliases in place of the names of any
persons described in Paragraph No. 3, above.
5. The
IIDR 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 will be closed. If a transcript is ordered,
the names of the persons described in Paragraph No. 3, above, will 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. Any
person bound as described by this Protective Order in Paragraph No. 1, above,
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, and is
subject to all appropriate sanctions and remedies (including contempt) for any
violation of this Order.
8. Nothing
in this Order will prevent any party from disclosing material that it has
produced to any other person or otherwise restrict the use of such material by
the party producing it. Such disclosure
will not be deemed to waive or otherwise modify the protection or
confidentiality provided in this Protective Order.
9. Upon
the close of all proceedings subject to or related to this matter, each party
will be entitled to retain copies of the documents filed with the
Administrative Law Judge containing PHI, but copies of such documents will be
used solely for the purpose of preserving a file on this action and will not be
disclosed to any other person.
10. After
conclusion of this matter, this Protective Order will continue to be binding on
the parties who have agreed to be bound by this Protective Order’s terms.
Dated:
February 9, 2010
s/Beverly Jones Heydinger
_________________________
BEVERLY
JONES HEYDINGER
Administrative
Law Judge