210 ILCS 45/3-801.1
2021 Illinois Compiled Statutes|Chapter 210 - HEALTH FACILITIES AND REGULATION|210 ILCS 45/ - Nursing Home Care Act.|Article III - Licensing, Enforcement, Violations, Penalties And Remedies

 (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.)