Confidentiality

Confidentiality. SNAP case information is confidential under Federal and State law. Information must be protected in order to prevent unauthorized disclosure. A. Administrative Disclosure: Case information may only be disclosed for purposes directly related to the administration of the following programs: 1. Persons directly connected with the administration or enforcement of the provisions or regulations of the Food and Nutrition Act of 2008; 2. Child Support; 3. Food Distribution programs; 4. Medicaid; 5. The National School Lunch Program for the purpose of approving eligibility of children for free meals based on their receipt of SNAP; 6. Comptroller General’s Office for audit examination; 7. Law enforcement upon their written request. The written request must include the identity of the individual requesting the information and his/her authority for doing so, the violation being investigated and the person’s identity the information is being requested. a) If the purpose is investigating an alleged Food and Nutrition Act of 2008 or regulation violation, any information shall be provided. b) Information, such as address, social security number and photo if available, must be restricted to household members being sought. If the purpose is investigating fleeing felons, a felony warrant must be provided. If the purpose is investigating probation or parole violators, law enforcement must be actively pursuing the individual. c) Information will also be disclosed regarding a household member when such member has information necessary for the apprehension or investigation of another member who is fleeing to avoid prosecution or custody for a felony or has violation a condition of his/her probation or parole. 8. Supplemental Security Income (SSI); 9. State programs administered under a plan approved under the Social Security Act, which is required to participate in the Income and Eligibility Verification System (IEVS) to the extent that SNAP information is useful in establishing or verifying eligibility or benefit amounts under those programs; 10. Temporary Assistance for Needy Families (TANF); 11. Any other federally aided means-tested programs; or 12. Verification of immigration status of non-citizens applying for SNAP through the Systematic Alien Verification for Entitlements (SAVE) Program. B. Information Considered Confidential: Agency employees must not disclose confidential information concerning any applicant or recipient of agency services, except in the administration of the programs listed above. Such information includes: 1. Names and addresses or lists of applicants and recipients; 2. Amount of benefits; 3. Case record documents; 4. Information provided by another agency without that agency’s permission, such as State Data Exchange (SDX), Unemployment, IEVS, etc.; 5. Social Security Administration (SSA) information; 6. National Directory of New Hires (NDNH) data; and 7. Internal Revenue Service (IRS) Federal Tax Information (FTI). C. Other Disclosure of Household Information: Besides the above referenced administrative disclosures, specific information must only be disclosed to other agencies and/or persons upon the written authorization of the head of household, household spouse, other adult household member or an authorized representative. D. Household Access: Upon written request, a responsible member of the SNAP household, a currently authorized representative, or any person given permission in writing to act on the household’s behalf may review materials contained in the case file during normal business hours. Confidential third party provided information may not be available to the household. E. Penalties for Unlawful Disclosure-SSA Information: 1. MDHS must restrict access to SSA-provided data to authorized users who need it to perform their official duties. 2. MDHS must process SSA-provided information under the immediate supervision and control of authorized personnel. 3. SSA-provided data is confidential and must be safeguarded at all times. Such data must not be printed for any reason. 4. MDHS must inform all employees and contractors of the Incident Reporting and User Sanctions pertaining to SSA-provided data. 5. SSA-provided data and “Personally Identifiable Information (PII)” must be safeguarded and kept confidential by all MDHS employees. PII covered under several Federal laws and statutes, refers to specific information about an individual used to trace that individual’s identity. Information such as his/her name, Social Security Number (SSN), date and place of birth, mother’s maiden name or biometric records, alone, or when combined with other personal or identifying information is linkable or lined to a specific individual’s medical, educational, financial and employment information. 6. MDHS personnel who access, use, duplicate or disclose SSA-provided data obtained pursuant to the SSA “Information Exchange Agreement”, between SSA and MDHS, in a manner or for purposes not authorized by this agreement may be subject to civil and criminal sanctions under applicable Federal statutes. 7. Any agency employee that publishes, discloses, or makes known in any manner confidential SSA information is subject to a civil money penalty of $10,000 for each such unauthorized publication or disclosure, or a criminal penalty of a fine of not more than $10,000 or imprisonment of not more than 1 year, or both, for each such unauthorized publication or disclosure. 8. If MDHS staff or contractors experience or suspect a breach or loss of PII or a security incident, which includes SSA provided information, supervisory staff must immediately notify the SSA Regional Office Contact or the SSA Systems Security Contact identified in the agreement. If, for any reason, the responsible State official or delegate is unable to notify the SSA Regional Office or the SSA Systems Security Contact within one hour, the responsible State Agency official or delegate must report the incident by contacting SSA’s National Network Service Center (NNSC) toll free at 877-697-4889 (select “Security and PII Reporting” from the options list). F. Federal Tax Information Security and Penalties 1. IRS guidelines restrict the use and access of Federal Tax Information (FTI) to agency employees with a need-to-know. 2. It is the responsibility of every SNAP employee and contractor to ensure the confidentiality of our client’s FTI. 3. All agency employees must receive training upon employment with the agency prior to receiving access to FTI and annually thereafter. The training must include a) a review of the importance of safeguarding FTI; b) organizational authority for receiving FTI; c) authorized uses of FTI; d) authorized disclosure; e) instructions for reporting improper inspections and/or disclosure; f) the fact that FTI must be safeguarded after employment with the agency has ended; g) the penalties associated with failing to safeguard FTI; and h) a signed statement of completion containing information required by Publication 1075 that must be maintained for 5 years. 4. Agency employees with a need-to-know must maintain the confidentiality of, or safeguard, FTI to ensure that improper inspection and/or disclosure of FTI does not occur. 5. Any such improper inspections and/or disclosure of FTI must be reported to the appropriate Treasury Inspector General Tax Administration (TIGTA) office and the Office of Safeguards within 24 hours of discovery. G. National Directory of New Hires: Any use of NDNH data except in the administration of SNAP and/or any unauthorized disclosure of such data must be reported immediately to the Director of State Operations, who will in turn notify Management Information Systems (MIS) within one hour of discovery. H. Restrictions of Staff in Handling Certain Cases: Any staff member and relatives and/or personal interest cases of staff members may apply for and receive assistance. However, there are special procedures for taking and processing applications for employees and individuals related to, or of personal interest to, a staff member in order to avoid a conflict of interest.