Sec. 40. Confidentiality.

305 words·~1 min read·/il/chapter-215/act-124/40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All records in the custody or possession of the Department are presumed to be open to public inspection or copying unless exempt from disclosure by Section 7 or 7.5 of the Freedom of Information Act. Except as otherwise provided in this Section or other applicable law, the filings required under this Act shall be open to public inspection or copying.

(b)The following information shall not be deemed confidential:

(1)actual or projected ratios of providers to beneficiaries;

(2)actual or projected time and distance between network providers and beneficiaries or

actual or projected waiting times for a beneficiary to see a network provider;

(3)geographic maps of network providers;

(4)requests for exceptions under subsection

(g)of Section 10, except with respect to

any discussion of ongoing or planned contractual negotiations with providers that the issuer requests to be treated as confidential;

(5)provider directories and provider lists;

(6)self-audit summaries required under paragraph

(3)of subsection

(a)of Section 25 of

this Act; and

(7)issuer or Department statements of determination as to whether a network plan has

satisfied this Act's requirements regarding the information described in this subsection.

(c)An issuer's work papers and reports on the results of a self-audit of its provider directories, including any communications between the issuer and the Department, shall remain confidential unless expressly waived by the issuer or unless deemed public information under federal law.

(d)The filings required under Section 10 of this Act shall be confidential while they remain under the Department's review but shall become open to public inspection and copying upon completion of the review, except as provided in this Section or under other applicable law.

(e)Nothing in this Section shall supersede the statutory requirement that work papers obtained during a market conduct examination be deemed confidential.