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Chapter 6

Form 6-23

[Caption. See § 3 of the Introduction in this manual.]

Order on Motion for Order to Obtain Protected Health Information

On [date] the Court considered [name of movant]’s Motion for Order to Obtain Pro­tected Health Information of [name of patient].

The Court finds that the health information is relevant to the issues of this case.

Select one of the following.

IT IS ORDERED that [name] execute an Authorization for Release of Protected Health Information, in the form of the authorization attached as an exhibit to [name of movant]’s Motion for Order to Obtain Protected Health Information, authorizing [name and address of health-care provider] to disclose the protected health information of [name of patient] described below.

Or

IT IS ORDERED that [name and address of health-care provider] shall produce the protected health information of [name of patient] described below.

IT IS FURTHER ORDERED that the health information shall be produced on [date] at [time] at the offices of [name and address of movant’s attorney].

IT IS FURTHER ORDERED that all parties in this case, their counsel, the employees of their counsel, and their respective agents are prohibited from using or disclosing the health information of [name of patient] produced pursuant to this order for any purpose other than the litigation of this case.

IT IS FURTHER ORDERED that the health information (including all copies) pro­duced pursuant to this order be either returned to [name of health-care provider] or destroyed at the end of the litigation pending before this Court.

The costs of production and copying shall be paid in the following manner: [specify manner of payment].

Continue with the following.

The following health information of [name of patient] is subject to this order:

Dates of health-care services provided: ________________________

Select as applicable.

¨   Progress notes
¨   Laboratory reports
¨   Operative reports
¨   Discharge summary
¨   Radiology reports
¨   Consultation reports
¨   X-ray or other images
¨   Photographs/videotapes
¨   Prescription and medicine records
¨   Test results
¨   Consultations
¨   Correspondence
¨   Hospital records
¨   Nurses’ notes
¨   Billing records
¨   Entire health records in the possession of health-care provider
¨   Other: [specify]

Continue with the following.

SIGNED on ________________________________.

   
JUDGE PRESIDING