Ill. Admin. Code tit. 89, § 505.70 - Subpoenas

a) When a subpoena for the production of records is received by DHS-ORS, the employee receiving it shall release such information in accordance with the requirements and procedures of this Part, and with the terms of the subpoena. A written notice shall accompany the records identifying the removed material and directing the person issuing the subpoena for records to the proper source for release of Section 505.50(a)(1) records or to the customer for consent for Section 505.80(a) records.

b) Information which is governed by the following Sections shall be removed before releasing the file, if the release is other than in court:

1) Section 505.50(a) which a providing individual, agency or organization refuses to allow DHS-ORS to release; or

2) Section 505.10(h).

c) If an employee receives a subpoena to testify in court or in an administrative hearing, the employee shall immediately contact DHS-ORS Legal Division to discuss the subpoena. If the subpoena requires a court appearance, the information shall be segregated in the file and the employee shall follow the order of the court after drawing the court's attention to the federal laws and regulations appertaining thereto.

Notes

Ill. Admin. Code tit. 89, § 505.70

Amended at 19 Ill. Reg. 14821, effective October 5, 1995