Giving Notice of Uses & Disclosures & Getting Consent for Network Data Sharing General Tips: Get to know the client and their needs before introducing the ECM so you can explain ECM-HMIS in the context of their specific situation and/or needs. Give examples of the potential benefit of the system that relates back the client’s needs and goals. If a client expresses concern about having their information entered into the ECM-HMIS, having an open record, or consenting to network data sharing, follow-up and ask what his/her specific concern is. Their concern may be based on a misunderstanding of how the system works. Remember: - If a record is “open” basic identifying information is all that is available to another agency without further written permission. The purpose of making the basic identifying information available to other agencies is to avoid creating duplicate client records. Even if the record is “open” no information is provided about where the client has received services without further written permission. Only basic identifying information supplied at the originating agency is available to other agencies, e.g., even though social security number is one of the fields included in basic identifying information, the client has the option not to provide that information. - If a record is “hidden,” other agencies will not be able to access the basic identifying information through a search. - If a client consents to network data sharing, any general client information collected by this and other network agencies will potentially be available to another agency, but only if a client goes to that agency and enrolls in one of their programs. Case notes are generally kept private and would not be available through network data sharing. Protected Information, which includes information on special needs and clinical assessments is never shared through network data sharing. Be careful to phrase things in such a way that emphasizes the potential benefit and doesn’t create the expectation of a negative response from the client, for example: Negative: “The government is making us use this computer system.” Positive: “This system was created with your best interests in mind and a lot of careful thought went into ways to protect your information.” It may help to remind clients that entering information into a computer database is common at most agencies and businesses these days. Some examples include when you apply for a drivers license, or any form of public aid, and when you get a prescription filled at Walgreens. In each case information is entered into a computer database. (Note: Use your judgement on this based on clients concerns. While this is certainly true it may serve to fuel the client’s insecurities about computer databases.) Talking Points for Giving “Notice of Uses & Disclosures” and the “Special Notice for Persons who may be Victims of Domestic Violence” In order to help us serve you, I will be asking you for some information about yourself and your needs. I will be entering that information into the computer system that our agency uses. The purpose of the computer system is to help us serve you better. Using the system o we can better coordinate services that we provide to you; o we can easily refer you to another agency for services that our agency doesn’t provide; and o eventually, working together with other agencies, we expect to be able to increase services that will reduce the occurrence of homelessness. With this computer system, you have the right to request a copy of your record at any time, and you have the right to file a grievance if you have any concerns Most of the other agencies that are part of the Chicago Continuum of Care, the network of agencies that serves persons who are homeless, at risk of homelessness or formerly homeless, also use this computer system. Unless you request that your information be hidden in the system, your basic identifying information, such as name, birth date, and social security number can be made available to other agencies that you go to for services. This will reduce the time required for intake and you may not need to repeat information. Your basic identifying information is the only information that another agency would have access to without your written consent for [network data sharing] or a referral which we will talk about more later. Before I go on, I want to talk about one other issue. Sometimes our agency serves persons who may have been abused either physically or verbally, e.g., being punched or hit, by a spouse or boyfriend or other person in their household. In a case like that the abuser may try to find the person when they leave and that person may fear for their safety. Is that a problem for you? Is anyone looking for you that might try to harm you? o If the person answers yes: Our computer system is very secure and only authorized persons have access to the system, but no computer system is 100% secure. If you feel that someone may be looking for you, you will want to think carefully about how your information is handled in the system. You can choose to not have your information entered in the computer system at all, or you can choose to have the information entered, but request that it be hidden which would mean that only persons at this agency and a limited number of staff at the City who manage the database would have access to your information. Please review this form and indicate how you would like to have your information handled. o If the person answers no, continue . . . You will not be denied services if you choose not to provide any particular information unless it is required to determine eligibility for the program you are applying for. This is a copy of our Notice of Uses and Disclosures which gives more detail about the computer system that we use, which is called the ECM-HMIS. o Would you like to take a few minutes and look over the notice? o Do you have any questions? o Do you have any need to have hour information hidden in the system? (If they want their information hidden you may want to probe to find out what’s the concern behind that request and remind them that agencies in the Continuum will be better able to serve them if the information is not hidden.) > > > Continue if Your Agency is Part of the Data Sharing Network < < < Talking Points for Asking for Consent for Network Data Sharing: Our agency offers certain services but it is likely, as you work toward various goals, like getting into permanent housing, getting employed (mention items personally relevant to the client), etc., that you will need to go to other agencies. Our agency is part of a Data Sharing Network in which we collaborate with over 40 other agencies to try to provide a range of services to persons who are homeless or at risk of homelessness or formerly homeless. You have a choice about whether you want to participate in the Data Sharing Network. This is how it works: o As you work with a case manager here, they will gather information about your needs and goals, e.g., if you are interested in becoming employed, they might gather information about your educational background and employment history; or if you are interested in permanent housing, they might gather information about your housing history (mention items personally relevant to the client). This is called General Client Information. o If you give your consent to participate in the Data Sharing Network, and you go to another agency that is part of the Data Sharing Network for services, e.g., for employment training, when you enroll in their program, the staff at that agency will have access to the General Client Information that was collected at our agency. o This way you won’t have to repeat the same intake at each agency and the agencies that are serving you can better share your accomplishments and coordinate services. This is a copy of the Client Consent for Network Data Sharing. Towards the bottom of the form you will see the list of information that is included as General Client Information. Also attached to the form is a list of the 40+ agencies that are part of our Data Sharing Network. You will note that private case notes and protected information such as information about special needs and clinical assessments are not included in the information that can be shared with another agency. You are not required to give consent to be part of the Data Sharing Network. You will not be denied services if you choose not to participate. If you choose to participate it could help our agency and other partner agencies to serve you better. Frequently Asked Questions: Question: “Who will see my information?” Answer: In general, your case manager and staff at this agency as well as a limited number of city employees and contractors that help to administer the database can view your information. Depending on the choices you make, selected information can also be made available to staff at other agencies that you go to for services. Question: What will the information will be used for? Answer: Primarily the information will be used for case management purposes so we can help you meet your goals. It is also used to provide the information required by our funders to show the services that we are providing. Non-personally identified information will also be used to help us understand the causes and patterns of homelessness so we can design services to prevent homelessness. Question: “Can I change my mind and stop sharing my information later?” Answer: Yes, you can stop sharing at any time. You will need to sign a form requesting that your consent for network data sharing be revoked. Additional information will not be shared after you have revoked that consent. Question: “Will DCFS (or other government agencies such as IDHS or Social Security) be able to see this information?” Answer: No. The system is not linked to any state or federal agencies. Question: “Will my parole officer (or other law enforcement agencies such as the police or immigration) have access to this information? Answer: No. Your information can only be disclosed for law enforcement purposes in response to a lawful court order, court-ordered warrant, subpoena or summons issued by a judicial office or a grand jury subpoena. Question: “Will I be denied services based on my past history and/or use of services” Answer: The system has not been set up to deny you services. As always, each agency has it’s own policies and procedures for handling a situation in which a client is abusing services or has unacceptable behavior.. Question: “How long does information stay in the system?” Answer: Your information stays in the system for 7 years after the last addition or change has been made to your record. Amanda Deisch, HMIS Project Leader 773-328-8343 deischa@actforchildren.org Christopher Kralik HMIS Project Associate 773-328-8485 kralikc@actforchildren.org Sally Stovall, Director HMIS & RealBenefits™ 773-328-8340 stovalls@actforchildren.org