410 ILCS 513/31.7: Establishment and disclosure of limited data sets and de-identified information.

(Text of Section before amendment by P.A. 104-642)

(a) A covered entity may, without a genetic information test subject's consent, create, use, and disclose a limited data set using information subject to this Act or disclose information subject to this Act 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.

(b) A covered entity may, without a genetic information test subject's consent, create, use, and disclose de-identified information using information subject to this Act or disclose information subject to this Act to a business associate for the purpose of de-identifying the information. The creation, use, and disclosure of such de-identified information must comply with the requirements set forth under HIPAA. A covered entity or a business associate may disclose information that is de-identified in accordance with HIPAA.

(c) The recipient of de-identified information shall not re-identify de-identified information using any public or private data source.

(Text of Section after amendment by P.A. 104-642)

Establishment and disclosure of limited data sets and de-identified information.

(a) A covered entity may, without a genetic information test or biomarker test subject's consent, create, use, and disclose a limited data set using information subject to this Act or disclose information subject to this Act 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.

(b) A covered entity may, without a genetic information test or biomarker test subject's consent, create, use, and disclose de-identified information using information subject to this Act or disclose information subject to this Act to a business associate for the purpose of de-identifying the information. The creation, use, and disclosure of such de-identified information must comply with the requirements set forth under HIPAA. A covered entity or a business associate may disclose information that is de-identified in accordance with HIPAA.

(c) The recipient of de-identified information shall not re-identify de-identified information using any public or private data source.