This guidance is intended to clarify guidance issued April 1, 2020 that may have caused confusion regarding the disclosure of COVID-19-positive persons to law enforcement and address questions that have been raised.
Guidance from the Illinois Attorney General
The Office of the Illinois Attorney General (OAG) was asked to address whether the Health Insurance Portability and Accountability Act (HIPAA) allows local health departments to provide information to law enforcement regarding individuals with positive tests for COVID-19. In response, on March 27, 2020, during a presentation to state’s attorneys, the OAG advised such disclosure is permissible because of a HIPAA exception. Specifically, the OAG affirmed the exception applies because “disclosure to first responders will enable them to use personal protective equipment (PPE) to reduce the risk of COVID-19 transmission.”