TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER c: LONG-TERM CARE FACILITIES
PART 350 INTERMEDIATE CARE FOR THE DEVELOPMENTALLY DISABLED FACILITIES CODE
SECTION 350.220 INFORMATION TO BE MADE AVAILABLE TO THE PUBLIC BY THE DEPARTMENT


 

Section 350.220  Information to Be Made Available to The Public By the Department

 

a)         The Department shall respect the confidentiality of a resident's record and shall not divulge or disclose the contents of a record in a manner which identifies a resident, except upon a resident's death to a relative or guardian, or under judicial proceedings.  This Section shall not be construed to limit the right of a resident or a resident's representative to inspect or copy the resident's records. (Section 2-206(a) of the Act)

 

b)         Confidential medical, social, personal or financial information identifying a resident shall not be available for public inspection in a manner which identifies a resident. (Section 2-206(b) of the Act)

 

c)         The following information is subject to disclosure to the public from the Department or the Department of Public Aid:

 

1)         Information submitted under Section 3-103 and 3-207 of the Act, except information concerning the remuneration of personnel licensed, registered, or certified by the Department of professional regulation and monthly charges for an individual private resident;

 

2)         Records of license and certification inspections, surveys, and evaluations of facilities, other reports of inspections, surveys, and evaluations of resident care, and reports concerning a facility prepared pursuant to Titles XVIII and XIX of the Social Security Act, (42 U.S.C.A. 1395 et seq. and 1396 et seq.) subject to the provisions of the Social Security Act (42 U.S.C.A. 301 et seq.);

 

3)         Cost and reimbursement reports submitted by a facility under Section 3-208 of the Act reports of audit of facilities, and other public records concerning the cost incurred by, revenues received by, and reimbursement of facilities; and

 

4)         Complaints filed against a facility and complaint investigation reports, except that a complaint or complaint investigation report shall not be disclosed to a person other than the complainant or complainant's representative before it is disclosed to a facility under Section 3-702 of the Act, and, further, except that a complainant or resident's name shall not be disclosed except under Section 3-702 of the Act. (Section 2-205 of the Act)

 

d)         The Department shall disclose information under this Section in accordance with provisions for inspection and copying of public records required by the Freedom of Information Act  (Ill. Rev. Stat. 1987, ch. 116, par. 201 et seq.).

 

e)         However, the disclosure of information described in subsection (1) shall not be restricted by any provision of the Freedom of Information Act. (Section 2-205 of the Act)

 

f)         Copies of reports available to the public may be obtained by making a written request to the Department in accordance with the Department's Freedom of Information rules (2 Ill. Adm. Code 1126).  However, access to cost reports shall be governed by Department of Public Aid rule "Access to Cost Reports" (89 Ill. Adm. Code 140.544). The Department may, at its discretion, waive this fee if the party requesting the material is involved in legal action with the Department.

 

(Source:  Amended at 13 Ill. Reg. 6040, effective April 17, 1989)