Ill. Admin. Code tit. 77, § 390.220 - 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 that 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 Sections 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 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 the Department's rules, Access to
Records of the Department of Public Health.
Notes
Amended at 13 Ill. Reg. 6301, effective April 17, 1989
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.