READ FIRST TIME 02/17/11.   

     AN ACT Relating to allowing for informed telephonic consent for access to housing or homelessness services; and amending RCW 43.185C.180.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.185C.180 and 2006 c 349 s 8 are each amended to read as follows:
     (1) In order to improve services for the homeless, the department, within amounts appropriated by the legislature for this specific purpose, shall implement the Washington homeless client management information system for the ongoing collection and updates of information about all homeless individuals in the state.
     (2) Information about homeless individuals for the Washington homeless client management information system shall come from the Washington homeless census and from state agencies and community organizations providing services to homeless individuals and families.
     (a) Personally identifying information about homeless individuals for the Washington homeless client management information system may only be collected after having obtained informed, reasonably time limited (i) written consent from the homeless individual to whom the information relates, or (ii) telephonic consent from the homeless individual, provided that written consent is obtained at the first time the individual is physically present at an organization with access to the Washington homeless client management information system. Safeguards consistent with federal requirements on data collection must be in place to protect homeless individuals' rights regarding their personally identifying information.
     (b) Data collection under this subsection shall be done in a manner consistent with federally informed consent guidelines regarding human research which, at a minimum, require that individuals ((be informed)) receive:
     (i) Information about the expected duration of their participation((,)) in the Washington homeless client management information system;
     (ii) An explanation of whom to contact for answers to pertinent questions about the data collection and their rights regarding their personal identifying information((,));
     (iii) An explanation regarding whom to contact in the event of injury to the individual related to the Washington homeless client ((survey,)) management information system;
     (iv) A description of any reasonably foreseeable risks to the homeless individual((,)); and
     (v) A statement describing the extent to which confidentiality of records identifying the individual will be maintained.
     (c) The department must adopt policies governing the appropriate process for destroying Washington homeless client management information system paper documents containing personally identifying information when the paper documents are no longer needed. The policies must not conflict with any federal data requirements.
     (3) The Washington homeless client management information system shall serve as an online information and referral system to enable local governments and providers to connect homeless persons in the database with available housing and other support services. Local governments shall develop a capacity for continuous case management, including independent living plans, when appropriate, to assist homeless persons.
     (4) The information in the Washington homeless client management information system will also provide the department with the information to consolidate and analyze data about the extent and nature of homelessness in Washington state, giving emphasis to information about the extent and nature of homelessness in Washington state among families with children.
     (5) The system may be merged with other data gathering and reporting systems and shall:
     (a) Protect the right of privacy of individuals;
     (b) Provide for consultation and collaboration with all relevant state agencies including the department of social and health services, experts, and community organizations involved in the delivery of services to homeless persons; and
     (c) Include related information held or gathered by other state agencies.
     (6) Within amounts appropriated by the legislature, for this specific purpose, the department shall evaluate the information gathered and disseminate the analysis and the evaluation broadly, using appropriate computer networks as well as written reports.
     (7) The Washington homeless client management information system shall be implemented by December 31, 2009, and updated with new homeless client information at least annually.