National Union Fire Insurance Company of Pittsburgh v. Surgalign Spine…
National Union Fire Insurance Company of Pittsburgh, Pa. v. Surgalign Spine Technologies, Inc.
- Rochon
- 1:22-cv-09870
- U.S. District Court · Southern District of New York
- 1
In National Union Fire v. Surgalign, Judge Rochon granted a motion allowing limited disclosure for possible early resolution.
National Union Fire Insurance Company of Pittsburgh, Pa., Surgalign Spine Technologies, Inc., Organogenesis, Inc., and the protected health information involved in the litigation.
What happened
National Union Fire Insurance Company of Pittsburgh, Pa. sued Surgalign Spine Technologies, Inc. and Organogenesis, Inc. The opinion identifies National Union as Montefiore Medical Center’s subrogee and assignee, and the complaint as alleging fraudulent charges.
National Union and Organogenesis jointly asked for permission to make a limited disclosure under a federal health-information regulation. The court granted the motion and authorized National Union to disclose a summary of its analysis of the alleged fraudulent charges to help facilitate a possible early resolution without a formal discovery request.
Judge Jennifer L. Rochon also ordered that the parties may use or disclose the protected health information only for this litigation. The order further requires the parties to return or destroy that information at the end of the litigation.
The detailed version
- National Union Fire Insurance Company of Pittsburgh v. Surgalign Spine… · No. 1:22-cv-09870
- Rochon
- Sept. 29, 2023
Background
National Union Fire Insurance Company of Pittsburgh, Pa., acting as subrogee and assignee of Montefiore Medical Center, brought the case against Surgalign Spine Technologies, Inc., formerly known as RTI Surgical, Inc., and Organogenesis, Inc., formerly known as NuTech Spine, Inc. The order refers to fraudulent charges alleged in the complaint.
Motion and Ruling
National Union and Organogenesis filed a joint motion for supplemental limited disclosure under 45 C.F.R. § 164.512(e)(1). That provision concerns disclosure of protected health information in connection with a judicial proceeding. The court granted the motion. It authorized National Union to disclose a summary of its analysis of the alleged fraudulent charges to facilitate a potential early resolution without requiring a party to issue a formal discovery request.
Restrictions on the Information
The order further prohibits the parties from using or disclosing the protected health information for any purpose other than this litigation. It also requires the parties to return or destroy the protected health information at the end of the litigation. The final portion of the provided text is incomplete, but the stated restrictions and disposition are clear.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.