Title: Section 384.3 - Department supervision of development and implementation.

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) and section 360-3.2(i) 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, benefits under the food assistance program, and medical assistance;

(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.