IIHIIndividually Identifiable Health Information (HIPAA)
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Give the fact that IIHI and PHI are of critical importance to defendants in those cases, the boundaries of HIPAA as protecting disclosure of that information will be tested as this law develops.
A covered entity may determine that health information is de-identified, and therefore is not IIHI, only if certain, very technical requirements are met.
A covered entity may use PHI to create information that is not IIHI or disclose PHI only to a business associate to do so on its behalf, whether or not the de-identified information is going to be used by the covered entity.