Attorney-at-Law

HIP TO HIPAA – TAKE TWO

In Uncategorized on 06/09/2017 at 16:02

I said once before that The Great Dissenter, a/k/a The Judge Who Writes Like a Human Being, s/a/k/a The Implacable, Illustrious, Indefatigable, Irrefragable, Ineluctable, Imperturbable, Incontrovertible and Insuperable Foe of the Partitive Genitive, Old China Hand and Master Silt Stirrer, Judge Mark V. Holmes, knows his way around the Health Insurance Portability and Accountability Act of 1996, 42 USC §1301 et seq. In support thereof, see my blogpost “Hip To HIPAA,” 12/6/16.

Confidentially speaking, of course.

Well, today Judge Holmes reprises his expertise in another permutation of Continuing Life Communities Thousand Oaks LLC, Spieker CLC, LLC, Tax Matters Partner, Docket No. 4806-15, filed 6/9/17. And he even designates this one, making it easy for the hard-laboring blogger who still has to get out a contract of sale tonight.

OK, so IRS will issue a subpoena duces tecum (that means deliver documents and stuff, as well as testify; we had a ribald name for the testify-only version in my law school days) to Kenneth J. Cummins, the trustee of the University Village Thousand Oaks Master Trust. “Mr. Cummins contends that the information respondent seeks may be protected from disclosure under state and federal law, including the Health Insurance Portability and Accountability Act (HIPAA).” Order, at p. 1.

OK, says Judge Holmes, now I got a Rule 103 protective order motion. But first, a wee hint to the drafters. “The parties are gently reminded that their protected-health-information related citations should be to Title 45, not Titles 42 or 46, of the Code of Federal Regulations and to Title 42, not Title 24, of the United States Code.” Order, at p. 7.

Sandwiched between Mr Cummins’ plea for secrecy and Judge Holmes’ copyediting, is a lengthy form of order and governing terms thereof.

I recommend these to the careful review of practitioners who have to deal with HIPAA-protected materials. Put the terms of the order in the wordproccesor next to the order from last December, cited in my above-captioned blogpost. Tailor carefully to suit.

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