(210 ILCS 45/3-801.1) (from Ch. 111 1/2, par. 4153-801.1)
Sec. 3-801.1.
Notwithstanding the other provisions of this Act to the
contrary, the agency designated by the Governor under Section 1 of "An Act in
relation to the protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named", enacted by the
84th General Assembly, shall have access to the records of a person with
developmental disabilities who resides in a facility, subject to the
limitations of this Act. The agency shall also have access for the purpose of
inspection and copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a complaint is received by
such agency from or on behalf of the person with a developmental disability,
and (2) such person does not have a guardian or the State or the designee of
the State is the guardian of such person. The designated agency shall provide
written notice to the person with developmental disabilities and the State
guardian of the nature of the complaint based upon which the designated agency
has gained access to the records. No record or the contents of any record shall
be redisclosed by the designated agency unless the person with developmental
disabilities and the State guardian are provided 7 days advance written notice,
except in emergency situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental disabilities or
the State guardian may seek to judicially enjoin the designated agency's
redisclosure of such record on the grounds that such redisclosure is contrary
to the interests of the person with developmental disabilities. If a person
with developmental disabilities resides in such a facility and has a guardian
other than the State or the designee of the State, the facility director shall
disclose the guardian's name, address, and telephone number to the designated
agency at the agency's request.
Upon request, the designated agency shall be entitled to inspect and copy
any records or other materials which may further the agency's investigation
of problems affecting numbers of persons with developmental disabilities. When
required by law any personally identifiable information of persons with a
developmental disability shall be removed from the records. However, the
designated agency may not inspect or copy any records or other materials when
the removal of personally identifiable information imposes an unreasonable
burden on the facility.
For the purposes of this Section, "developmental disability" means a
severe, chronic disability of a person which -
(A) is attributable to a mental or physical impairment or combination of
mental and physical impairments;
(B) is manifested before the person attains age 22;
(C) is likely to continue indefinitely;
(D) results in substantial functional limitations in 3 or more of the
following areas of major life activity: (i) self-care, (ii) receptive and
expressive language, (iii) learning, (iv) mobility, (v) self-direction,
(vi) capacity for independent living, and (vii) economic self-sufficiency; and
(E) reflects the person's need for combination and sequence of special,
interdisciplinary or generic care, treatment or other services which are of
lifelong or extended duration and are individually planned and coordinated.
(Source: P.A. 88-380.)
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