Public Act 097-0864
 
HB5266 EnrolledLRB097 18524 KTG 63755 b

    AN ACT concerning aging.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Elder Abuse and Neglect Act is amended by
changing Section 8 as follows:
 
    (320 ILCS 20/8)  (from Ch. 23, par. 6608)
    Sec. 8. Access to records. All records concerning reports
of elder abuse, neglect, financial exploitation, or
self-neglect and all records generated as a result of such
reports shall be confidential and shall not be disclosed except
as specifically authorized by this Act or other applicable law.
In accord with established law and Department protocols,
procedures, and policies, access to such records, but not
access to the identity of the person or persons making a report
of alleged abuse, neglect, financial exploitation, or
self-neglect as contained in such records, shall be provided,
upon request, to the following persons and for the following
persons:
        (1) Department staff, provider agency staff, other
    aging network staff, and regional administrative agency
    staff, including staff of the Chicago Department on Aging
    while that agency is designated as a regional
    administrative agency, in the furtherance of their
    responsibilities under this Act;
        (2) A law enforcement agency investigating known or
    suspected elder abuse, neglect, financial exploitation, or
    self-neglect. 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;
        (2.5) A law enforcement agency, fire department
    agency, or fire protection district having proper
    jurisdiction pursuant to a written agreement between a
    provider agency and the law enforcement agency, fire
    department agency, or fire protection district under which
    the provider agency may furnish to the law enforcement
    agency, fire department agency, or fire protection
    district a list of all eligible adults who may be at
    imminent risk of elder abuse, neglect, financial
    exploitation, or self-neglect;
        (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,
    financially exploited, or self-neglected or who has been
    referred to the Elder Abuse and Neglect Program;
        (4) An eligible adult reported to be abused, neglected,
    financially exploited, or self-neglected, or such adult's
    authorized guardian or agent, unless such guardian or agent
    is the abuser or the alleged abuser;
        (4.5) An executor or administrator of the estate of an
    eligible adult who is deceased;
        (5) In cases regarding elder abuse, neglect, or
    financial exploitation, 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
    the court. However, such access shall be limited to an in
    camera inspection of the records, unless the court
    determines that disclosure of the information contained
    therein is necessary for the resolution of an issue then
    pending before it;
        (5.5) In cases regarding self-neglect, a guardian ad
    litem;
        (6) A grand jury, upon its determination that access to
    such records is necessary in the conduct of its official
    business;
        (7) Any person authorized by the Director, in writing,
    for audit or bona fide research purposes;
        (8) A coroner or medical examiner who has reason to
    believe that an eligible adult has died as the result of
    abuse, neglect, financial exploitation, or self-neglect.
    The provider agency shall immediately provide the coroner
    or medical examiner with all records pertaining to the
    eligible adult;
        (8.5) 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, financial exploitation, or self-neglect; and
        (9) Department of 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 by
    provider agency staff.
(Source: P.A. 96-526, eff. 1-1-10.)