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            As used in this Subpart, the following terms have the meaning ascribed to them in this Section:

            (1) “Confidential information” means at least one of the following:

            (a) Patient-level data elements that could be used alone or in combination with other available data elements to identify a patient.

            (b) Information requested that the department determines will be utilized for business or commercial purposes, including but not limited to market analysis and software development.

            (c) Protected health information as defined in the HIPAA Privacy Rule, 45 C.F.R. part 164, and La. Rev. Stat. 29:762.

            (2) “Department” means the Louisiana Department of Health.

            (3) “HIPAA” means the Health Insurance Portability and Accountability Act, Pub. L. 104-191.

            (4) “Secretary” means the secretary of the Louisiana Department of Health.

            Acts 1997, No. 622, §1, eff. July 3, 1997; Acts 2007, No. 410, §1; Acts 2008, No. 537, §1, eff. June 30, 2008; Acts 2014, No. 790, §1; Redesignated from La. Rev. Stat. 40:1300.112 by HCR 84 of 2015 R.S.; Acts 2018, No. 206, §4.