Lead Safe API Terms of Service

All use of the Lead Safe API is subject to the following terms:

These Terms of Service (“TOS”) govern your participation in the Lead Safe API (“API”) and your use of API services provided by the City of Chicago (“City”) and data transmitted over such API services (collectively “API Services and Data”). You understand and agree that these TOS constitute a legally binding agreement between you and the City. You represent that you have full authority to accept these TOS. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the TOS.

In these TOS, “You” or “Your” refers to any individual or entity that uses or seeks to use the API Services and Data.

Current Practice

Pediatricians are directed to test every Chicago child’s blood for lead and report high levels to the Chicago Department of Public Health (CDPH). According to the Centers for Disease Control and Prevention (CDC), the reference level of 5 micrograms/dL should be used to identify children with elevated blood lead levels and is based on U.S. children between the ages of 1 - 5 years old based on the 97.5th percentile of the National Health and Nutrition Examination Survey of blood lead distribution in children.

Though lead is no longer used in paint, plumbing, gasoline and a myriad of other products in the United States, Chicago’s older housing stock creates a persistent problem as homes built prior to 1978 that have not been properly maintained may still have older paint that can result in exposure to lead in children. This is especially true in some communities on the south and west sides of Chicago.

Background

To ensure success in the fight against lead poisoning, this project is part of CDPH's overall plan to provide concrete steps that are being taken by the department and its partners to further reduce and eventually eliminate lead poisoning in Chicago’s children.

This lead safe predictive model helps identify infants at risk of being lead poisoned in homes with lead paint. The model provides an opportunity to prevent lead paint exposure through high priority proactive home lead inspections and blood testing at an earlier age. The predictive model combines data from multiple sectors including public health, census, buildings and the county assessor’s office to create real-time interfaces that identify where at-risk children live.

The risk score, will be sent to health centers through electronic health records (EHR) and physicians will have the opportunity to be alerted to either order a blood lead test and/or request to visually inspect the homes of either their pregnant patients and their at-risk children for lead paint hazards.

If the visual inspection determines that there is a risk of lead poisoning due to paint, the CDPH Healthy Homes and Lead Prevention Program lead inspectors schedule a visit and examine for potential lead paint hazards. Trained and licensed CDPH inspectors assess these homes to identify lead-based paint hazards and work with the property owners to ensure the hazards are fixed. CDPH Inspectors support this by offering free lead-safe work practices classes in both English and Spanish, or face fines and a referral to Circuit Court. Through grants made available by the U.S. Department of Housing and Urban Development (HUD) and the Cook County Department of Public Health, CDPH, in cooperation with Neighborhood Housing Services, provides 100% financial assistance to fix lead-based paint hazards in eligible homes. A unique aspect of the HUD grant is that tenants can apply. Since 2003, CDPH has helped ensure lead hazards have been fixed in more than 2,800 homes. CDPH has also launched a community outreach program aimed at providing additional information to residents in communities facing a disproportionate number of lead poisoning cases. As part of this program, CDPH is working with Imagine Englewood If and the Metropolitan Tenants Organization to provide education and information to pregnant women and families with young children as well as perform visual inspections by trained staff.

Medical Disclaimer

This prediction model is only for pregnant patients and infants (defined as 0-1 year of age), thus risk scores will be provided only to pregnant patients and infants under one year of age. According to the CDC, "by shifting our focus to primary prevention of lead exposure, we can reduce or eliminate dangerous lead sources in children’s environments before they are exposed." Reference "Preventing Lead Exposure in Young Children: A Housing Based Approach to Primary Prevention of Lead Poisoning."

This information is meant to aid clinical reasoning. No medical decision should be based solely on information provided by this program. By using this information, the user shall indemnify and hold harmless the developers of this program from and against any claims, demands, or causes of action whatsoever.

Application Process (needs HIPAA Officer and CDO edits)

In order to obtain risk scores from the Lead Safe system, you must complete a form to request an API key. Once You have submitted Your completed form, You will automatically receive an API key for the Test API system, which You may then use to develop Your application. An API key is not required to read data only: if You intend to read data only you do not need to request an API key. Nevertheless, any and all use of the API is subject to these TOS even if an API key is not required.

Once You successfully integrate Your application with Chicago’s Test System, You may request an API key for the Production system. The City, in its sole and complete discretion, may give You an API key and access to the API. Upon submitting Your request You will receive an un-activated Production API Key. The City will review Your application to ensure compliance with the API Terms of Service. Once this has been verified, You will be notified that Your Production Key has been activated and is ready for use.

Access to the Environment is subject to Your compliance with these terms as well as development of a privacy policy, including clear and conspicuous disclosure to users of any practice whereby You or a third party collect or use personally identifiable information from users. In addition, You agree to fully comply with all applicable local, state and federal laws, rules and regulations relating to the collection of personally identifiable information, including personal health information and their associated privacy and security laws. Any violation of these requirements or failure to comply with Your privacy policy constitutes a violation of these TOS and is grounds for immediate termination of all access privileges to the API services and Data.

Access privileges to API services and Data are granted at the sole discretion of the City and may be restricted or terminated at any time.

City Policies and Requirements Regarding Use of API Services

Usage is limited and will be monitored. Excessive usage, in the sole and complete discretion of the City, may be grounds for imposing usage caps or for termination of service. If You plan to make heavy use of the API service, please notify the City prior to such use. The City, in its complete discretion, may allow You to avoid limitations on usage.

The use of the API precludes healthcare provider(s) and all staff, including third-party contractors, from the healthcare facility from transferring data or publishing any results derived from its activities hereunder and will not disclose any results or other material based upon data provided by the City without written permission from the City.

The City reserves the right to track and publish aggregate statistics on usage per application.

When using the API, attribution of the City as the API source is appreciated but not required. However, You and Your application must not express or imply any affiliation or relationship with or sponsorship or endorsement by the City.

Further, You may not use the City seal in your application in any way that may suggest that City is affiliated with, endorses, or sponsors you or your application.

Any practice whereby information that is intended to be transmitted directly between the user and the City is manipulated, edited, redacted or otherwise processed by the application, such that the content or meaning of the information is altered, must be disclosed to the user in a clear and conspicuous manner.

Sharing, distribution, or any other intentional or unintentional disclosure of API keys to unauthorized users is not permitted and constitutes a violation of these TOS.

You agree to comply with, and use all means available to assist the City in complying with, state and local public records laws.

Any activity that exceeds Your authorized access privileges to City API services and Data is strictly prohibited.

Consequences of Violating The Terms of Service

You have a continuing obligation to comply with the Terms of Service (TOS). Any violation of the TOS may, in the City’s sole and complete discretion, result in the immediate invalidation of Your API key and termination of all access privileges to API services and Data.

Exclusion of Warranties

The City does not guarantee the accuracy, completeness or availability of the API services and Data. You understand and agree that Your use of the API services and Data is at Your sole risk and that the API services and Data are made available on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy or other defect in the API services and Data, You assume the full cost of correcting any such error, inaccuracy or defect. No advice or information, whether oral or written, obtained by You from the City or through or from the API services or data will create any warranty not expressly stated in these TOS.

Limitation of Liability and Indemnity

In no event shall the City be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall the City be liable for any claim, including claims by third parties, for loss or damages arising from Your use of the API services and Data.

To the fullest extent permitted by law, You shall indemnify and save harmless the City, from any claim, loss, damage, injury or liability of any kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees and costs of investigation), that arise directly or indirectly, in whole or in part, from Your use of the API services and Data. In addition to Your obligation to indemnify the City, You specifically acknowledge and agree that You have an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this indemnification provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time such claim is tendered to You by the City and continues at all times thereafter.

General Provisions

The City retains the right to modify these TOS at any time by posting such modifications on this page. Any modification is effective upon posting, unless otherwise indicated. The City will attempt to provide reasonable advance notice of any such changes to developers who have been granted access to API Services and Data. Notice will be provided to the current email address provided in the API Key Request Form by the developers. For this reason, developers are required to provide current contact information to the City and to update any information that changes.

These TOS will be governed in accordance with the laws of the State of Illinois, without regard to choice of law principles. You hereby irrevocably submit to the original jurisdiction of those State or Federal courts located within the County of Cook, State of Illinois, with regard to any controversy arising out of, relating to, or in any way concerning the these TOS or API and irrevocably agree to be bound by any final judgment rendered thereby from which no appeal has been taken or is available. You irrevocably waive any objection (including without limitation any objection of the laying of venue or based on the grounds of forum non conveniens) which it may now or hereafter have to the bringing of any action or proceeding with respect to these TOS or API in the jurisdiction set forth above.

No modification to the terms and obligations of these TOS, other than modification as described at paragraph 18 above, nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and the City, and the waiver of any breach or default shall not constitute a waiver of any other right hereunder or any subsequent breach or default.

These TOS contain the entire agreement and understanding between You and the City with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless expressly accepted by the City in writing.

If any provision of these TOS is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

You agree that, if the City does not exercise or enforce any legal right or remedy contained in these TOS (or that the City has the benefit of under any applicable law), this will not be taken to be a formal waiver of the City’s rights and that those rights or remedies will still be available to the City. Any waiver of any provision of these TOS will be effective only if the City expressly states in a signed writing that it is waiving a specified provision.