The plaintiffs in Haage in two consolidated cases tendered to the Court a draft HIPAA QPO the Haage defendants tendered a copy of Cook County’s then-standard QPO, which specifically excluded insurance carriers from requirements for the return and/or destruction of all PHI at the end of litigation. The defendant insurance company in Haage claimed that retention of some PHI was essential for compliance with insurance laws and regulations. The new provisions in the order purportedly are to bring the Standard HIPAA QPO in line with the holdings in Haage, which focused on the requirement for PHI destruction at the conclusion of litigation. While these requirements impact the defendants’ ability to obtain a complete picture of a plaintiff’s medical history and challenge claimed damages, there are few options for overturning or reversing the new Standard HIPAA QPO. Proof of the destruction of all PHI may be made by affidavit of counsel.Within 60 days after the conclusion of litigation, the plaintiff’s PHI must be returned to the producing covered entities and/or destroyed (including electronically stored copies).
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