(a) An HIE, person, therapist, facility, agency, interdisciplinary team, integrated health system, business associate, covered entity, or entity facilitating the establishment or operation of an HIE may, without a recipient’s consent, disclose the existence of a recipient’s record to a record locator service, master patient index, or other directory or services necessary to support and enable the establishment and operation of an HIE.
     (b) As used in this Section:

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         (1) the term “disclosure” has the meaning ascribed to
    
it under HIPAA, as specified in 45 C.F.R. § 160.103; and
        (2) “facility” means a developmental disability