Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. State

United States District Court, E.D. North Carolina, Western Division

June 5, 2018

THE UNITED STATES OF AMERICA, Plaintiff,
v.
STATE OF NORTH CAROLINA, Defendant.

          FOR STATE OF NORTH CAROLINA MICHAEL T. WOOD SPECIAL DEPUTY ATTORNEY GENERAL

          FOR THE UNITED STATES G. NORMAN ACKER III ASSISTANT UNITED STATES ATTORNEY, REBECCA B. BOND CHIEF, ANNE S. RAISH PRINCIPAL DEPUTY CHIEF DISABILITY RIGHTS SECTION CIVIL RIGHTS DIVISION ELIZABETH S. WESTFALL DEPUTY CHIEF DISABILITY RIGHTS SECTION CIVIL RIGHTS DIVISION JULIA M. GRAFF TRIAL ATTORNEY

          CONSENT PROTECTIVE ORDER

          JAMES C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE

         After due consideration of the United States' and the State of North Carolina's joint motion for a protective order pursuant to Rule 26(c)(1) of the Federal Rules of Civil Procedure to govern the disclosure, treatment, and maintenance of, as well as access to, confidential information, and ensure that such information is not improperly disclosed, it is hereby ORDERED that:

         1. The United States and the State of North Carolina have agreed to share Confidential Information, as defined below, to further implementation of the Settlement Agreement, D.E. 2-2, which aims to "prevent inappropriate institutionalization and to provide adequate and appropriate public services and supports identified through person centered planning in the most integrated setting appropriate to meet the needs of individuals with [Serious Mental Illness], who are in or at risk of entry to an adult care home." Id., III. A.

         2. Toward this end, this Protective Order shall govern the treatment of all Confidential Information that has been or will be produced in connection with this action, whether in response to a formal discovery request under the Federal Rules of Civil Procedure or in response to an informal request for information. This Protective Order governs the parties' use of any Confidential Information received, informally or otherwise, from nonparties for the purpose of furthering implementation of the Settlement Agreement.

         3. Confidential Information is defined as information, including electronically stored information, that:

a. Reveals the identity of: (i) any individual residing in a state psychiatric hospital or adult care home ("institutionalized individuals"), (ii) any individual who currently receives or has in the past received services through the State's Medicaid or other health programs ("service recipients"), or (iii) any guardian, next friend, or parent of such institutionalized individuals or service recipients, if disclosure of the guardian, next friend, or parent's identity would allow determination of the identity of such institutionalized individuals or service recipients (collectively, the "Protected Individuals"); and
b. Is confidential pursuant to federal or state law, including but not limited to the Medicaid Act and its implementing regulations, 42 U.S.C. § 1396a(a)(7) and 42 C.F.R. §§ 431.300-.307; the Health Insurance Portability and Accountability Act (HIPAA) and its implementing regulations, 42 U.S.C. §§ 1320d-l to 1320d-7, 45 C.F.R. Parts 160, 162, and 164; the Health Information Technology for Economic and Clinical Health (HITECH) Act, 42 U.S.C. §§ 17921-53; the Privacy Act, 5 U.S.C. § 552a; North Carolina General Statutes §§ 122C-52, 108A-80, and 131D, Art. 3; and 45 C.F.R. § 160.103.

         4. Confidential Information produced in this matter shall be used by the receiving party only for purposes of this matter.

         5. Confidential Information produced in this matter shall be maintained by the receiving party in a manner that precludes access by persons who are not Authorized Recipients.

         6. Authorized Recipients are defined as:

a. The Court and Court personnel;
b. Attorneys for the United States and their investigative, paralegal and support ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.