ACTION BULLETINS (PY 2005)

AB - 60 Release of Confidential Unemployment Insurance Information

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AB - #60
Effective Date: November 21, 2005


ACTION BULLETIN (PY 2005)

Release of Confidential Unemployment Insurance Information


TO: One-Stop Career Centers Site Managers
Youth Service Provider Managers

DATE: October 25, 2005

SUBJECT: Release of Confidential Unemployment Insurance Information

PURPOSE OF BULLETIN:
The purpose of this bulletin is to provide guidance on the process for Alameda County Workforce Investment Board (ACWIB) program providers to obtain Unemployment Insurance (UI) client data (UI wages and UI claim history) from the Employment Development Department (EDD) for WIA applicants and clients.

CITATION(S):
State of California Workforce Investment Division (WID) Directive WIAD05-10, 10/21/05
California Unemployment Insurance (UI) Code Section1094, 2111.
Information Practices Act (IPA), California Civil Code 1798-1798.78
Workforce Investment Act of 1998, Public Law 105-220, August 7, 1998
WIA Program Year (PY) 2004-05 Contract, Exhibit BB, Item 20

BACKGROUND:
The UI Code prohibits the disclosure of UI client information for purposes not related to the administration of the UI Program. However, the Information Practices Act (IPA) permits release of personal information maintained by State agencies with the written consent from the individual who is the subject of the request. At the request of the California Workforce Association, the EDD chartered a work group for the purposes of meeting the information needs of the Local Workforce Investment Areas (LWIAs) within these legal constraints. This work group included representatives from the LWIAs and EDD staff from the Workforce Investment Division (WID), Unemployment Insurance Division, Job Service Division and the Information Security Office. Pursuant to their recommendations, this directive implements a new process for LWIA program providers to obtain the UI claimant information from the UI Program.


POLICY AND PROCEDURES:
The EDD Job Service (JS) Offices will be directed to stop processing LWIA program provider requests for UI client data as of November 21, 2005. Effective after that date, any LWIA program provider wishing to obtain UI client data to determine eligibility for a WIA client or potential client or to evaluate service strategy must follow the procedures outlined in this directive.

The LWIA program providers should make every attempt to obtain all required UI eligibility information directly from their client. The following list identifies information provided to a client through the UI program for verification of employment and claim status.

Source Data that Can Be Obtained from the Applicant/Client
Notice of Unemployment Insurance Award, DE 429
Notice of Unemployment Insurance Claim Filed, DE 1101CLMT
Automated UI Check Stub Message

Data That Will Be Released Via the WIA UI-DCAF
Quarterly Wages for the Most Recent Completed Three Quarters
Effective and Ending Date of Claim
Claim Award
Last Employer/Address
Last Day Worked
Reason for Separation
Claim Balance
Benefits Exhausted

Data (post enrollment) Available for ACWIB
Job Training Automation (JTA) system, Print Base Wage Report

If the client is unable to provide sufficient information, LWIA program providers may use the process outlined in this procedure to request data directly from the EDD UI Program. A WIA UI—Data Consent Authorization Form (DCAF), Attachment 1, will be required from the client to allow release of the UI claim status and wage information. With concurrence of the work group, the UI Program has agreed to process the LWIA UI— DCAF within three business days of receipt.

Data Security
ACWIB has assigned a Location Code for each program provider. Program providers will be notified of their unique location code separately . ACWIB should be notified immediately of any change of address or fax number associated with an assigned Location Code.

ACWIB is responsible to ensure that submission of a WIA UI—DCAF is kept confidential. This means that the information provided is faxed or mailed to a location authorized to receive confidential information and received by someone fully informed about the procedures for the use of confidential data.

The program providers must adopt administrative, technical, and physical safeguards to protect the privacy and confidentiality of the UI data. This includes ensuring that the UI data is sent to securely located fax machines—housed in areas without public access.

Program providers have the option, and are encouraged, to use fax modems (i.e., fax numbers that transport directly into a personal computer) rather than traditional fax machines. However, a traditional fax machine located in an area not accessible to the public is acceptable.

Procedure to Request UI Claim Status or Wage History on a WIA Client
1. The program provider may fax or mail the attached WIA UI—DCAF to the UI Program at the fax number or address indicated on the form. The WIA UI—DCAF authorizes the EDD to release records pertaining to the WIA client’s UI status. The client completes the top half of the WIA UI—DCAF and the caseworker completes the bottom half.

Please note, within the next four to six weeks there will be a change in the mailing address associated with this process. Because the UI Program is uncertain about the workload volume associate with this process, initially, this process will be administered through the UI Central Office. Once this pilot period has ended, the address for mailed requests will be changed. The fax number will not change. ACWIB will notify the program providers when the change occurs.

2. The program provider copy onto their own letterhead the attached WIA UI—DCAF template. The UI Program will not accept or process WIA UI—DCAFs that are not on WIA program provider letterhead.

3. The WIA client must indicate on the WIA UI—DCAF if the response to the data request will be sent via fax or mail.

4. The EDD will only respond to WIA program provider data requests submitted on WIA UI—DCAF forms signed and dated by the WIA client. The UI Program will verify that the Social Security Number on the WIA UI—DCAF is valid and matches the name provided.

5. The WIA UI—DCAF must include a valid Location Code.

6. In the lower right hand corner of the WIA UI—DCAF form the program provider should mark whether the information is needed for “Pre” or “Post” enrollment. Pre-enrollment responses will vary based on the clients UI claim status.

If pre-enrollment data is selected, the following data will be provided, as appropriate, based on the client’s UI status:
• Wage information for the most recent three completed quarters.
• Current claim information (claim award, claim balance, if benefits are exhausted, last employer name/address, date last worked, and if reason for separation was laid off due to lack of work.
• If no current claim on file, available information on any claim in the last nine months.


If post-enrollment data is selected–if available, the UI response will include:
• Wage and Employer information for the most recent three completed quarters.

7. Upon receipt of the WIA UI-DCAF, the UI Program will process the request and, as requested by the client, fax or mail the response to the location identified by the Location Code.

The original, if faxed, or a copy, if mailed, of the WIA UI— DCAF must be kept in the client’s file and is subject to audit.

8. A signed WIA UI—DCAF is valid for 12-months. If 12-months have passed and WIA program providers wish to obtain updated UI client information, a new WIA UI—DCAF must be obtained from the client.

INFORMATION AND INQUIRIES:
For information and inquiries please contact Linda Slater, MIS Administrator at (510) 259-3802 or by email at LSlater@acgov.org


ATTACHMENTS:

1. WIA UI – Data Consent Authorization Form (DOC).