The Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191, is a federal statute that provides for the development of uniform national health information data standards and privacy standards. In adopting the Act, Congress determined that the provisions of HIPAA would preempt any contrary state law unless the state law is more stringent than the related provision of HIPAA or unless a specific exception applies. Therefore, in order for various affected entities in Illinois to fully comply with the provisions of HIPAA, these entities must determine how compliance with HIPAA will affect Illinois law.

      In order to determine the impact of HIPAA on Illinois law, the following draft preemption analysis was prepared by Deanna S. Mool of Sorling, Northrup, Hanna, Cullen & Cochran, Ltd. The draft analysis assesses the impact of HIPAA and its related regulations on a variety of Illinois laws related to the use or disclosure of health information. It is intended to reflect the HIPAA regulations and Illinois laws in effect as of March 5, 2003.

      Readers should be advised that the draft analysis that follows is a preliminary draft, and is subject to further revision. The draft analysis is not a comprehensive overview of all legal precedent that may impact the various uses and disclosures of protected health information. The application and implementation of HIPAA regulations can vary significantly based on the particular facts at issue. Due to the complexity of HIPAA compliance and the variety of factual situations in which HIPAA may be implicated, readers are urged to consult with their attorneys in order to develop comprehensive and fact specific HIPAA compliance strategies.

      This draft preemption analysis is afforded to the public for information and comment purposes only. It is not intended to serve as legal, financial or other professional advice, nor does it create an attorney client relationship. Neither the State of Illinois nor the authors are responsible for any errors or omissions, or for the results of reliance on this information. Moreover, because the law is subject to change at any time, readers are urged to review and update the application and implementation of federal and state privacy laws as these laws are amended and as new laws are established.

      Comments on the draft preemption analysis from individuals and/or entities are encouraged and welcomed. Please send all comments on the draft preemption analysis to HIPAA Comments by June 16, 2003. After all comments have been collected, they will be reviewed and incorporated where appropriate. Please note that while comments will be reviewed and considered, they will not be responded to, nor will questions be answered, due to time and resource considerations.