The Department shall disclose information under this Section in
accordance with provisions for inspection and copying of public records
required by the Freedom of Information Act.
However, the disclosure of information described in subsection (1) shall
not be restricted by any provision of the Freedom of Information Act.
Notwithstanding any other provision of law, under no circumstances shall the
Department disclose information obtained from a hospital that is confidential
under Part 21 of Article VIII of the Code of Civil Procedure.
Any records or reports of inspections, surveys, or evaluations of hospitals
may be disclosed only after the acceptance of a plan of correction by the
Health Care Financing Administration of the U.S. Department of Health and Human
Services or the Department, as appropriate, or at the conclusion of any
administrative review of the Department's decision, or at the conclusion of any
judicial review of such administrative decision. Whenever any record or report
is subject to disclosure under this Section, the Department shall permit the
hospital to provide a written statement pertaining to such report which shall
be included as part of the information to be disclosed. The Department shall
not divulge or disclose any record or report in a manner that identifies or
would permit the identification of any natural person.
(Source: P.A. 98-463, eff. 8-16-13.)
|