Section 697.170  Enforcement of the AIDS Confidentiality Act

a)         All health facilities and health care providers are required to comply with the provisions of this Part.  Any failure to comply will be addressed in accordance with the following:

1)         Health facilities and health care providers that are licensed, certified, permitted or given any other form of recognition by the Department shall comply with the provisions of Sections 697.110, 697.120, 697.130 and 697.140 of this Part, as such provisions are applicable to the health facilities and health care providers as a condition of such licensure, certification, permit or any other form of recognition by the Department.  The reckless, deliberate or conscious failure to comply with such provisions shall constitute grounds for suspension, revocation or denial in accordance with the respective licensure, certification, permit and other recognition laws and regulations.

2)         The Department shall forward to the appropriate state, federal, or local regulatory agency, any complaint which it receives concerning the failure by any health facility or health care provider, which is subject to regulation by such agency, to comply with the provisions of Sections 697.110, 697.120, 697.130 and 697.140 of this Part, as such provisions are applicable to the health facilities and health care providers.

b)         The intentional or reckless violation of the AIDS Confidentiality Act or any regulations issued thereunder shall constitute a class B misdemeanor.  (Section 12 of the AIDS Confidentiality Act.)

c)         Civil remedy provisions can be found in Section 13 of the AIDS Confidentiality Act.

(Source:  Amended at 15 Ill. Reg. 11646, effective August 15, 1991)