To: Board of Supervisors
From: DHHS: Social Services
Agenda Section: Consent
SUBJECT:
title
Privacy and Security Agreement with the California Department of Social Services
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Approve the attached Privacy and Security Agreement with the California Department of Social Services (CDSS);
2. Authorize the Department of Health and Human Services (DHHS) - Social Services Director to sign the agreement and any subsequent amendments or other documents related to this agreement; and
3. Direct the Clerk of the Board to forward one certified copy of the board report to the DHHS - Social Services, Attn: Paris Bauer.
Body
SOURCE OF FUNDING:
Social Services Fund
DISCUSSION:
CDSS issued an All County Letter (ACL 19-56) on June 20, 2019 which put forth the requirement for individual county agreements in order to meet the personally identifiable information (PII) data protection requirements of the Social Security Administration (SSA).
DHHS-Social Services staff utilize the Medi-Cal Eligibility Data System (MEDS) and Income and Eligibility Verification System (IEVS) to access PII and eligibility data in order to administer multiple programs including CalFresh, CalWORKs, Foster Care and General Relief. The privacy and security agreement covers DHHS-Social Services workers who assist in the administration of the various eligibility programs and who access, use and disclose PII. PII consists of any information used to identify an individual, including a person’s name, social security number, date of birth, driver’s license number or identification number.
Under the terms of this agreement, DHHS-Social Services staff may use or disclose this information only to perform functions, activities or services directly related to the administration of the specific eligibility programs. Additionally, DHHS staff will be trained on the requirements of the agreement to safeguard PII. DHHS-Social Services will train all new staff within 30 days of employment and thereafter provide annual refresher training or reminders of the privacy and security safeguards in this agreement. DHHS-Social Services has established and will maintain ongoing oversight for monitoring workforce compliance. DHHS-Social Services also agrees to ensure that all PII is physically safe from access by unauthorized persons and will comply with the computer security safeguards outlined in the agreement.
It should be noted that two of the attachments to this agreement (Exhibits A and B) are considered highly confidential and therefore cannot be disclosed in an open session of the Board. These documents include the Computer Matching and Privacy Protection Act Agreement between the SSA and California Health and Human Services Agency; the Information Exchange Agreement between SSA and CDSS (IEA-F and IEA-S); the Electronic Information Exchange Security Requirements and Procedures for State and Local Agencies Exchanging Electronic Information with the SSA (TSSR); and the Computer Matching Agreement between the Department of Homeland Security, United States Citizenship and Immigration Services (DHS-USCIS) and California Department of Social Services (CA-DSS). The documents are not consequential to the agreement before the Board today. These agreements include highly sensitive and confidential information and are not public records.
At this time, DHHS-Social Services recommends the Board approve this agreement and authorize the DHHS-Social Services Director to sign the agreement and any subsequent amendments or other documents related to this agreement.
FINANCIAL IMPACT:
The cost of maintaining and operating the security safeguards associated with this agreement have been anticipated and included in the fiscal year (FY) 2019-20 fund 1160. Costs vary from year to year and are included in DHHS’s routine system upgrades and maintenance activities.
The table below lists each DHHS program that falls under the scope of this agreement and the primary funding source of each:
|
Program |
Primary Funder |
|
• CalFresh |
Supplemental Nutrition Assistance Program-U.S. Dept. of Agriculture |
|
• California Work Opportunity and Responsibly to Kids Program |
Temporary Assistance for Needy Families-U.S. Dept. of Health & Human Services |
|
• Entrant/Refugee Cash Assistance |
Refugee Resettlement Program-U.S. Dept. of Health & Human Services |
|
• Foster Care Eligibility |
Title IV-E - U.S. Dept. of Health & Human Services and 2011State Realignment |
|
• Kinship Guardianship Assistance Program Eligibility |
|
|
• Federal Guardianship Assistance Program |
|
|
• California Foods Assistance Program |
State General Fund-California Department of Social Services |
|
• Cash Assistance Program for Immigrants |
|
|
• Trafficking and Crime Victims Assistance |
|
|
• General Assistance/General Relief |
County General Fund |
The cost to the General Relief Program under this agreement, which is funded by county General Fund, was included in the approved FY 2019-20 budget for the General Relief Fund 1100, budget unit 525. The General Relief Program’s share of the total cost will be approximately 0.33%. No additional General Fund allocation will be required as a result of this action.
STRATEGIC FRAMEWORK:
This action supports your Board’s Strategic Framework by enforcing laws and regulations to protect residents and creating opportunities for improved safety and health.
OTHER AGENCY INVOLVEMENT:
California Department of Social Services
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board of Supervisors can choose not to approve the agreement. This is not recommended because the United States SSA requires that CDSS enter into these agreements with all California county Health and Human Services Departments in order for the departments to continue accessing PII data for the administration of public benefit programs.
ATTACHMENTS:
Attachment 1: Agreement with CDSS for Privacy and Security
PREVIOUS ACTION/REFERRAL:
Board Order No.: C-10; C-9
Meeting of: 8/23/16; 3/21/17
File No.: 19-1021