Ill. Admin. Code tit. 77, § 350.220 - Information to Be Made Available to the Public by the Department
a)
The
Department shall respect the confidentiality of a resident's record and shall
not divulge or disclose the contents of a record in a manner which identifies a
resident, except upon a resident's death to a relative or guardian, or under
judicial proceedings. This Section shall not be construed to limit the right of
a resident or a resident's representative to inspect or copy the resident's
records. (Section 2-206(a) of the Act)
b)
Confidential medical, social,
personal or financial information identifying a resident shall not be available
for public inspection in a manner which identifies a resident.
(Section 2-206(b) of the Act)
c)
The following information is subject to disclosure to the public from
the Department or the Department of Healthcare and Family Services:
1)
Information submitted under
Section 3-103 and 3-207 of the Act, except information
concerning the remuneration of personnel licensed, registered, or certified by
the Department of Financial and Professional Regulation and monthly charges for
an individual private resident;
2)
Records of license and
certification inspections, surveys, and evaluations of facilities, other
reports of inspections, surveys, and evaluations of resident care, whether a
facility is designated a distressed facility and the basis for the designation,
and reports concerning a facility prepared pursuant to Titles XVIII and XIX of
the Social Security Act, subject to the provisions of the Social Security
Act;
3)
Cost and
reimbursement reports submitted by a facility under Section 3-208 of
the Act, reports of audits of facilities, and other public records
concerning the cost incurred by, revenues received by, and reimbursement of
facilities; and
4)
Complaints filed against a facility and complaint investigation
reports, except that a complaint or complaint investigation report shall not be
disclosed to a person other than the complainant or complainant's
representative before it is disclosed to a facility under Section
3-702 of the Act, and, further, except that a complainant or
resident's name shall not be disclosed except under Section 3-702 of
the Act. (Section 2-205 of the Act)
d)
The Department shall disclose
information under this Section in accordance with provisions for inspection and
copying of public records required by the Freedom of Information
Act.
e)
However,
the disclosure of information described in subsection (c)(1)
shall not be restricted by any provision of the Freedom of Information
Act. (Section 2-205 of the Act)
f) Copies of reports available to the public
may be obtained by making a written request to the Department in accordance
with Access to Records of the Department of Public Health.
Notes
Amended at 13 Ill. Reg. 6040, effective April 17, 1989
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