Western New York Law Center
384 FINGER IMAGING MATCHING IDENTIFICATION SYSTEM
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
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
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
(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.
to DSS Regs Table of Contents | Search DSS Regs