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S.F. No. 2547 - Human Services Background Studies (First Engrossment)
 
Author: Senator Ron Latz
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 14, 2014



 

Section 1 (245C.02, subd. 4a) 1 defines the term “authorized fingerprint collection vendor” as a qualified organization under written contract with the commissioner to provide background studies that include fingerprints and a photograph of the background study subject.

Section 2 (245C.02, subd. 13a) defines “NETStudy,” which is the existing Department of Human Services (DHS) online system used by entities to submit background studies.

Section 3 (245C.02, subd. 13b) defines “NETStudy 2.0”, (2.0) which is the new background study system, to replace NETStudy.  It will include fingerprint-based criminal record checks for background studies. Under section 20, the new system must be implemented no later than September 1, 2015.

Section 4 (245C.02, subd. 17a) defines the term “roster,” and the three types of rosters.  Roster is the electronic method used to identify the entity required to conduct the background study.  The three types of rosters defined are active roster, inactive roster, and master roster.

Section 5 (245C.03, subd. 2) requires the commissioner to conduct background studies on community first services and supports workers.

Section 6 (245C.03, subd. 8) allows an individual to initiate a background study.

Section 7 (245C.04, subd. 1) specifies when an entity must initiate a background study for an individual who is not on the entity’s active roster.

Section 8 (245C.04, subd. 4a) provides that after an entity has paid the fee for the study and provided the individual with a privacy notice under section 11, 2.0 will immediately inform the entity if the individual requires a background study or whether, based on a previous background study, the individual is immediately eligible to provide services.   The individual’s Social Security number must be provided at the time each background study is initiated in order to verify if the individual is eligible to provide services based on a previous study.

Section 9 (245C.05, subd. 1) adds the requirement that the individual who is the subject of the background study (subject) provide the subject’s home address, for the past five years, and also requires the subject provide finger prints and a photograph.

Section 10 (245C.05, subd. 2) provides that the information collected under section 9 may only be viewable by an entity that initiates a subsequent background study after the entity has paid the fee and provided the subject with the privacy notice under section 11.

Section 11 (245C.05, subd. 2c) modifies the privacy notice to subjects, by adding the requirement that the notice include:  (1) that the subject be informed that the fingerprints are not retained by the Minnesota Department of Public Safety, Bureau of Criminal Apprehension, or the commissioner, but will be retained by the Federal Bureau of Investigation; (2) effective upon implementation of 2.0, the subject’s photo will be retained by the commissioner, and will be available to prospective employers and agencies to verify identity; and (3) the commissioner’s authorized fingerprint vendor shall be able to view identifying information on 2.0, but must not retain the subject’s fingerprints, photograph, or information. The fingerprint vendor must retain no more than the subject’s name, and the date and time that the subject’s fingerprints were recorded and sent.

Section 12 (245C.05, subd. 4) requires the commissioner to implement a “secure” system for the transmission of background study information, and adds a reference to NETStudy 2.0.

Section 13 (245C.05, subd. 5) requires that every subject provide the commissioner with a set of fingerprints and a photograph after the implementation of 2.0.  The photo and fingerprints must be recorded by the vendor and sent to the commissioner through the secure data system.  The vendor shall be able to view the identifying information entered on 2.0 by the entity in order to verify the identity of the subject, but must not retain the photo, fingerprints, or information from 2.0.

Section 14 (245C.051) is a new section of law related to the destruction of background study subject information.  Under paragraph (a), the subject may request that the commissioner destroy the background study information in 2.0 if the individual (1) has not been affiliated with an entity for two years, and (2) has no current disqualifying characteristic.  Under paragraph (b), after verifying the information under paragraph (a), the commissioner shall destroy the information.  Paragraph (c) provides that when an individual has not been on the master roster for a period of two years, the commissioner is required to destroy the photo of the subject.   Under paragraph (d), if the data is not destroyed under paragraphs (b) or (c), the commissioner is required to destroy data when two years have elapsed since the individual’s death.

Section 15 (245C.07) provides that an entity operating under 2.0 must use the active roster to document when a subject is affiliated with multiple entities.

Section 16 (245C.08, subd. 1) requires the commissioner to review information from the national crime information databases for PCA and community first services and supports workers.

Sections 17 and 18 (245C.13, subd. 1; 245C.17, subd. 1) Paragraph (a) requires the commissioner to notify the subject and license holder within in three days, instead of 15 days, from the receipt of a request for a background study of the results of the background study.  Under paragraph (b), before having access to 2.0, the license holder for the entity must sign an acknowledgement of responsibilities form developed by the commissioner.  A subject may request in writing to the commissioner a report listing the entities that initiated a study on the individual.

Section 19 (245C.20, subd. 3) modifies the license holder record keeping statute, by adding a subdivision stating that the requirements under this section are met if the active rosters are implemented and all individuals affiliated with the entity are recorded on the active roster.

Section 20 (245C.32, subd. 1a) requires the commissioner to design, develop, and test the 2.0 system, and implement it no later than September 1, 2015. This section specifies standards that must be met and requires a data security system that controls access to the data.  The commissioner is required to oversee regular quality and compliance audits of the authorized fingerprint collection vendor.

Section 21 (245C.32, subd. 1b) provides that when accessing 2.0, the entities that are authorized to initiate background studies and the vendors that collect the fingerprints are subject to all responsibilities and civil remedies applicable to a responsible authority or government entity under the government data practices chapter of law.

 
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