Section 310.80  Confidentiality

a)         Policy

Each regional authority shall conduct its meetings and investigations and keep its records in compliance with the requirements of confidentiality as enumerated in subsections (b) through (f) in order to uphold the dignity and privacy of eligible persons and their families, except as otherwise required by law.

b)         Prohibition Against Disclosure of Personally Identifiable Data

No regional authority may disclose to any person any materials which identify an eligible person unless the eligible person or a person entitled to inspect or copy the eligible person's records consents to such disclosure, except if and to the extent that disclosure may be necessary for the appointment of a guardian for the eligible person.   Any such consent shall be informed and in writing.

c)         Prohibition Against Disclosure at Meetings or Hearings

1)         No member shall intentionally identify an eligible person or their family during any meeting or hearing open to the public unless the eligible person or a legally authorized representative consents to disclosure pursuant to subsection (b).

2)         Every nonmember scheduled to testify at a hearing or wishing to speak at a meeting concerning the alleged violations of an eligible person's rights shall be instructed to use a specific, non-descriptive  identifier (e.g., number) when referring to an eligible person or the person's family.

d)         Closed Meetings and Hearings

To the extent permitted by the Open Meetings Act, a regional authority may conduct closed meetings and hearings, or close a portion of a meeting or hearing, if necessary to ensure confidentiality or protect the rights of any eligible person or provider of services or other person. A verbatim recording of the closed meeting, hearing, or portion of meeting or hearing must be created.  The recording, minutes, and records of such closed meetings shall not be made public.  However,  the regional authority shall make public a summary, which shall not contain personally identifiable data, of any closed meeting or hearing.

e)         Each member's vote on holding a meeting closed to the public and citations to the specific exception contained in Section 2 of the Open Meetings Act [5 ILCS 120/2] that authorizes closing the meeting and to Section 21 of the Act shall be publicly disclosed at the time of the vote and shall be recorded and entered into the minutes of the meeting.

f)         Redaction of Personally Identifiable Data from Public Reports or Records

Reference shall not be made to any name, description, or other information that would serve to identify an eligible person or the eligible person's family in any public report issued by the regional authority or any minutes or other summaries of meetings or hearings open to the public, unless the use of such personally identifiable data is consented to by the eligible person or a person entitled to inspect and copy the eligible person's records.

(Source:  Amended at 50 Ill. Reg. 717, effective January 1, 2026)