- a) Ombudsman Program records are the property of the State Ombudsman. The Office shall have access to all Program records during the applicable retention period.
- b) Program records containing resident and participant information are confidential.
- c) The Department, in conjunction with the State Ombudsman, shall establish procedures for the disclosure by the State Ombudsman of files maintained by the Program (Section 4.04(g) of the Act).
- d) The files, records and other information maintained by the Ombudsman Program are considered information specifically prohibited from disclosure by 45 CFR 1324.11 and Section 7(1) of Illinois FOIA [5 ILCS 140]. Disclosure is only at the discretion of the State Ombudsman in accordance with this Subpart.
- e) The Department, AAAs, and provider agencies do not have access to resident and participant records without the consent of the State Ombudsman.
(Source: Added at 43 Ill. Reg. 980, effective January 1, 2019)