PART 384 FINGER IMAGING MATCHING IDENTIFICATION SYSTEM

Sec.
384.0 Scope
384.1 Definitions
384.2 Participation of social services districts
384.3 Department supervision of development and implementation
384.4 Reimbursement of social services districts

Section 384.0 Scope. This Part sets forth the provisions and requirements governing the authorization, implementation and use of an automated finger imaging system by social services districts.

384.1 Definitions. As used in this Part:

    (a) Automated finger imaging system means a computer managed system, operated by a contractor designated by the department which captures the image of the two index fingers and the facial photograph of the subject and provides a means of storing a record of those finger images in a manner so that other records of finger images can be compared to those finger images.

    (b) Conractor means a firm which has entered into a contract with the department to design and implement an automated finger imaging system.

    (c) Evaluating contractor means an independent academic or research organization experienced in evaluating public assistance programs for a comprehensive evaluation of the automated finger imaging system with whom the department has contracted for the purpose of making such an evaluation.

384.2 Participation of social services districts.

    All social services districts must participate in the automated finger imaging system described in this Part and must submit operational plans describing how their procedures to participate in the automated finger imaging system will fulfill the requirements for the automated finger imaging system described in this Part. Such plans will be reviewed by the department and will be approved only if such plans satisfactorily fulfill the requirements prescribed by the department in accordance with the provisions of this Part. All social services districts must participate in the automated finger imaging program operated by the contractor described in subdivision (c) of section 384.1 of this part.


384.3 Department supervision of development and implementation.

    (a) The department will oversee the process by which social services districts coordinate with the contractor in the implementation of the automated finger imaging system described in this Part.

        (1) each social services district must request the necessary local approvals for such social services district to authorize the department to act on behalf of the social services district and authorize payment to be made for equipment and services rendered to such social services district in the same manner as other payments are made for such district.

        (2) All social services districts must cooperate with and assist the department in monitoring and evaluating the operation of the automated finger imaging system. Districts also must cooperate with and assist, as directed by the department, the evaluating contractor designated by the department. Districts also must assist the department in the preparation of any reports that are required by the department.

        (3) All social services districts must establish procedures to:

            (i) provide notice of the provisions of section 351.2(a) of this Title and the provisions of this subdivision to applicants for or recipients of safety net assistance, emergency safety net assistance, public institutional care for adults, family assistance, emergency assistance to needy families with children, benefits under the food stamp program and benefits under the food assistance program;

            (ii) ensure that information and data collected and maintained through the use of the automated finger imaging system is kept confidential in accordance with state and federal laws and regulations, as appropriate; and

            (iii) ensure that applicants and recipients whose benefits are denied or terminated receive notices which meet the requirements of Part 358 of this title.

        (4) Each social services district must permit, cooperate with and assist the department in the conduct of periodic audits to monitor compliance with all laws, regulations and directives regarding such system to ensure that any records maintained as part of such system are accurate and complete; that no illegal or unauthorized disclosures have taken place; that effective software and hardware designs have been instituted with security features to prevent unauthorized access to such records; that access to such record information system facilities, systems operating environments, data file contents, whether while in use or when stored in a media library, is restricted to authorized personnel only; that operational programs are used that will prohibit inquiry, record updates, or destruction of records from other than designated terminals; and that operational programs are used to detect and store for the output of designated department employees all unauthorized attempts to penetrate any automated finger imaging system program or file. Each social services district also must develop and implement, and permit the department to monitor and review, measures to ensure that adequate and timely procedures exist to protect the applicant's or recipient's right to have access to and review the records maintained as part of the automated finger imaging system for the purpose of accuracy and completeness. Such procedures must include procedures for review of information maintained about such individuals, procedures for administrative review (including procedures for administrative appeal) and procedures for necessary correction of any records found to be inaccurate or incomplete after an investigation and review of any claim by the individual to whom the information relates.

384.4 Reimbursement of social services districts.

    (a) All expenditures made by social services districts and approved by the department for the automated finger imaging system or otherwise authorized by this Part or by other law or regulations will be reimbursed as provided by section 153 of the Social Services Law or as provided by any other applicable provision of law or regulation. Automated finger imaging system activities conducted in accordance with a plan submitted to and approved by the department as described in section 384.2 of this Part or pursuant to the terms of the contract between the department and the contractor will be considered exempt activities, as described in section 609.5(j)(1)(iii) of this Title, for purposes of obtaining an exemption from the administrative cost reimbursement limitations.

    (b) Any expenditures made by social services districts which are not made in accordance with the requirements of this Part will not be reimbursed.

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