89 Ill. Adm. Code 240.340
Confidentiality/Safeguarding of Case Information
Section 240
Section 240.340
Confidentiality/Safeguarding of Case Information
a) For protection purposes, any information about a participant's
case is confidential and may be used only for purposes directly related to the
administration of the CCP. Information that is considered to be included in
the administration of the program is as follows:
1) Establishing a participant's initial/continuing eligibility,
preventing duplicate coverage under another Home and Community-Based Service
(HCBS) Waiver, and providing assistance in transitioning to other programs in
appropriate instances.
2) Establishing the extent of a participant's: assets and income;
determination of need under CCP; person-centered plan of care; case notes and
other benefits. This includes recovery of payments and investigating
allegations of fraud or other abuse of publicly funded benefits. This information
may be shared in a secure manner by and among the Department and the Social
Security Administration, the Department of Employment Security, HFS, the
Department of Human Services, the Department of Revenue, the Secretary of
State, the U.S. Department of Veterans Affairs, and any other governmental
entity only to the extent that there is no conflict with any federal or State
law or regulation.
3) Finding and linking needed services and resources available to
an eligible participant, including information about new laws or changes in
public benefit programs.
4) Assuring
the health, safety, and welfare of the participant, submission of required
critical events reports, reporting alleged or suspected abuse, neglect,
financial exploitation, or self-neglect, assisting with investigations
conducted under the Adult Protective Services Program, and making referrals to
the State/Regional Long Term Care Ombudsman Programs.
5) Collecting
data for the Department's demonstration/research projects.
6) Compliance
with legal proceedings in response to valid court or administrative agency
orders.
7) Directing
and planning programming to transform long-term services and supports in
Illinois and to maximize Federal Financial Participation in State expenditures
under Medical Assistance Programs.
b) Use of information for commercial, personal, political or
other purposes not specified in this Section is specifically prohibited. Information
about a participant's case under the CCP is exempt from disclosure under the
Freedom of Information Act [5 ILCS 140].
c) The Department, CCUs and vendors shall inform all agencies and
governmental departments to whom information is furnished that this material is
confidential and must be so considered by the agency or governmental
department.
d) Any information received from other agencies or persons, which
includes the express statement that the information is not to be released to
the participant/authorized representative or to any other person or agency
under any circumstances, is prohibited from release as case information.
Requests for this information shall be referred to the originator of the
restricted information.
e) If any information about a participant or document contained
in the participant's case file is to be used for any purpose other than the
administration of CCP, the CCU shall obtain a Release of Information form
signed by the participant /authorized representative. The Release of Information
form shall be placed in the participant's case record.