Section 270.275  Confidentiality and Disclosure

a)         The Elder Abuse and Neglect Act provides that the identity of any person making a report of alleged or suspected elder abuse, neglect, or financial exploitation may be disclosed only with that person's written consent or by court order.

b)         All records concerning reports of elder abuse, neglect, or financial exploitation and all records generated as a result of  such reports shall be confidential and shall not be disclosed except as specifically authorized by the Act or other applicable law.  Access to such records, but not access to the identity of the person or persons making a report of alleged abuse, neglect, or financial exploitation as contained in such records, shall be allowed to the following persons and for the following persons:

1)         Department staff, provider agency staff, other aging network staff, and regional administrative agency staff in the furtherance of their responsibilities under the Act;

2)         A law enforcement agency investigating a known or suspected case of elder abuse, neglect, or financial exploitation.  Where a provider agency has reason to believe that the death of an eligible adult may be the result of abuse or neglect, the agency shall immediately provide the appropriate law enforcement agency with all records pertaining to the eligible adult;

3)         A physician who has before him or her or who is involved in the treatment of an eligible adult whom he or she reasonably suspects may be abused, neglected, or financially exploited or who has been referred to the Elder Abuse and Neglect Program;

4)         An eligible adult reported to be abused, neglected, or financially exploited, or such adult's authorized guardian or agent, unless the guardian or agent is the abuser or the alleged abuser;

5)         An executor or administrator of the estate of an eligible adult who is deceased;

6)         A court or a guardian ad litem upon its or his or her finding that access to such records may be necessary for the determination of an issue before such court;

7)         A grand jury, upon its determination that access to such records is necessary for conduct of its official business;

8)         Any person authorized by the Director, in writing, for audit or bona fide research purposes;

9)         A coroner or medical examiner who has reason to believe that an eligible adult has died as the result of abuse, neglect, or financial exploitation.  The provider agency shall immediately provide the coroner or medical examiner with all records pertaining to the eligible adult;

10)         A coroner or medical examiner having proper jurisdiction, pursuant to a written agreement between a provider agency and the coroner or medical examiner, under which the provider agency may furnish to the office of the coroner or medical examiner a list of all eligible adults who may be at imminent risk of death as a result of abuse, neglect, or financial exploitation; and

11)        Department of Financial and Professional Regulation staff and members of the Social Work Examining and Disciplinary Board in the course of investigating alleged violations of the Clinical Social Work and Social Work Practice Act [225 ILCS 20] by provider agency staff. [320 ILCS 20/8]

c)         All records must be maintained as confidential and stored in a designated and secure area within the elder abuse provider agency offices.

(Source:  Amended at 35 Ill. Reg. 8180, effective May 12, 2011)