As we reported back in September, a recent decision by the Illinois Supreme Court found that the Cook County Circuit Clerk’s standard HIPAA Qualified Protective Order is contrary to the Privacy Rule of HIPAA (section 165.512(e)(1)(v)) because it a.) does not prohibit insurer from using and disclosing PHI outside of litigation; and b.) does not require the insurer to return or destroy PHI at the end of the litigation.

On November 5, 2021, Judge Flannery, Presiding Judge of the Law Division, entered GAO 21-3, providing an updated approved format. 

We have not seen the court websites updated yet, but Chicago Paralegal Association members can access GAO 21-3 and the new form/template in our Resource Center.