Current through Public Act 103-1052
Section 410 ILCS 305/9.8 - Disclosure of limited data sets and de-identified information Notwithstanding the provisions of Sections 9 and 10 of this Act:
(1) a covered entity may, without a patient's consent, create, use, and disclose a limited data set using HIV-related information from a patient's record or disclose HIV-related information from a patient's record to a business associate for the purpose of establishing a limited data set; the creation, use, and disclosure of such a limited data set must comply with the requirements set forth under HIPAA;(2) a covered entity may, without a patient's consent, create, use, and disclose de-identified information using information from a patient's record that is subject to this Act or disclose HIV-related information from a patient's record to a business associate for the purpose of de-identifying the information; the creation, use, and disclosure of such de-identified data must comply with the requirements set forth under HIPAA. A covered entity or a business associate may disclose information that is de-identified; and(3) the recipient of de-identified information shall not re-identify de-identified information using any public or private data source.Added by P.A. 098-1046,§ 10, eff. 1/1/2015.