TITLE 89: SOCIAL SERVICES
CHAPTER II: DEPARTMENT ON AGING
PART 270 ADULT PROTECTION AND ADVOCACY SERVICES
SECTION 270.418 CONFIDENTIALITY


 

Section 270.418  Confidentiality

 

a)         Except as otherwise authorized by law, the Department/other entity authorized to conduct hearings under this Subpart, and the ALJ have an affirmative duty to protect the confidentiality of records protected under the Act, including:

 

1)         a verified and substantiated finding of abuse, neglect or financial exploitation of an eligible adult by a caregiver;

 

2)         all records concerning reports of abuse, neglect or financial exploitation and all case notes and records generated as a result of those reports;

 

3)         the name of, and personal information about, the victim;

 

4)         the names of, and identifying information about, reporters;

 

5)         redacting to the extent possible, use of confidential, identifying or personal information in the final administrative decision of the ALJ consistent with Sections 4(c) and 8 of the Act and Section 270.275 of this Part; and

 

6)         access to and use of the Registry.

 

b)         None of the information and documents in the case record of the victim or in the appeal record, including the final administrative decision of the Director under Section 270.474, will be subject to the Freedom of Information Act [5 ILCS 140].

 

(Source:  Added at 42 Ill. Reg. 9226, effective July 1, 2018)