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Turner v. Aetna Life Insurance Co.

United States District Court, D. Nevada

October 6, 2017

MONTGOMERY TURNER, an individual, Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY, a Connecticut Corporation, Defendant.

          PROTECTIVE ORDER

          WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Health Insurance Portability and Accountability Act of 1996, and for good cause, the Court issues this Protective Order. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation.

         IT IS ORDERED THAT:

         1. Scope of Protection

         This Protective Order shall govern any record of information produced in this action and designated pursuant to this Protective Order, including all designated deposition testimony, all designated testimony taken at a hearing or other proceeding, all designated deposition exhibits, interrogatory answers, admissions, documents and other discovery materials, whether produced informally or in response to interrogatories, requests for admissions, requests for production of documents or other formal methods of discovery.

         This Protective Order shall also govern any designated record of information produced in this action pursuant to required disclosures under any federal procedural rule or local rule of the Court and any supplementary disclosures thereto.

         This Protective Order shall apply to the parties and to any nonparty from whom discovery may be sought who desires the protection of this Protective Order.

         2. Definitions

         The term Confidential Information shall mean confidential or proprietary technical, scientific, financial, business, trade secret, health, or medical information designated as “CONFIDENTIAL” by the producing party.

         The term Confidential Health Information shall constitute a subset of Confidential Information, and shall be designated as “CONFIDENTIAL” and subject to all terms and conditions governing the treatment of Confidential Information set forth herein. Confidential Health Information shall mean information supplied in any form, or any portion thereof, that identifies an individual or subscriber in any manner and relates to the past, present, or future care, services, or supplies relating to the physical or mental health or condition of such individual or subscriber, the provision of health care to such individual or subscriber, or the past, present, or future payment for the provision of health care to such individual or subscriber. Confidential Health Information shall include, but is not limited to, 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:

a. names;
b. all geographic subdivisions smaller than a State, including street address, city, county, precinct, and zip code;
c. 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;
d. telephone numbers;
e. fax numbers;
f. electronic mail addresses;
g. social security numbers;
h. medical record numbers;
i. health plan beneficiary numbers;
j. account numbers;
k. certificate/license numbers;
l. vehicle identifiers and serial numbers, including license plate numbers;
m. device identifiers and serial numbers;
n. web universal resource locators (“URLs”);
o. internet protocol (“IP”) address numbers;
p. biometric identifiers, including finger and voice prints;
q. full face photographic images and any comparable images; ...

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