(a) Starting July 1, 2017, when, in the course of providing Direct Services, a Covered Department collects and records Demographic Information from Clients, the Covered Department shall seek to collect and record information about Clients' Sexual Orientation and Gender Identity, in accordance with subsection (c).
(b) Starting July 1, 2017, when, in the course of providing Direct Services, a Contractor or Grantee is required by the terms of the Contract or Grant to collect and record Demographic Information from Clients, the Contractor or Grantee shall seek to collect and record information about Clients' Sexual Orientation and Gender Identity, in accordance with subsection (c), and shall report such data to the Covered Department that is party to the Contract or Grant, in the manner and frequency as determined by that Covered Department.
(c) In seeking to collect information about Clients' Sexual Orientation and Gender Identity, Covered Departments, Contractors, and Grantees shall:
(1) communicate to Clients that the provision of Sexual Orientation and Gender Identity information is voluntary, and no Direct Services shall be denied to Clients who decline to provide that information;
(2) solicit Gender Identity and Sexual Orientation data using questions and approaches consistent with the Department of Public Health's Policies and Procedures entitled "Sexual Orientation Guidelines: Principles for Collecting, Coding, and Reporting Identity Data," reissued on September 2, 2014, and "Sex and Gender Guidelines: Principles for Collecting, Coding, and Reporting Identity Data," reissued on September 2, 2014, or any successor Policies and Procedures; and
(3) advise Clients that they will protect personally identifiable information regarding Clients' Sexual Orientation and Gender Identity from unauthorized disclosure, to the extent permitted by law.
(d) Each Covered Department shall instruct its staff, Contractors, and Grantees who provide Direct Services in the requirements of this Chapter 104 and in the strategies for data collection, coding, and reporting set forth in the Department of Public Health's Policies and Procedures referenced in subsection (c)(2), above.
(e) In the event there is a conflict between the requirements of this Section 104.3 and Chapter 12E of the Administrative Code, the requirements of this Section 104.3 shall prevail.
