Day 2, Session 1, Track A Federal Rap Back Implementation

Transcription

1 NATIONAL BACKGROUND CHECK PROGRAM 6 TH ANNUAL TRAINING MEETING MAY 2-4, 2016 Day 2, Session 1, Track A Federal Rap Back Implementation Scott Manley, CMS CaraLee Starnes, CNA

2 Content Florida April Haupt Florida Department of Law Enforcement (FDLE) Taylor Haddock Agency for Health Care Administration (AHCA) Current Rap Back processes Preparing for implementation Laws Processes Data Systems User Acceptance Testing Roll-out Expected benefits of federal Rap Back Rhode Island - Planning ahead Ed Cabral - Rhode Island Attorney General s Office (RIAG) 2

3 Florida s current processes State rap back FDLE Implemented in 2009 Serve multiple State agencies LTC Clearinghouse prints retained for 5 years Other agencies manage how long the prints are retained Total retained applicants for all populations: more than 2.3 million Total retained applicants for AHCA Clearinghouse: 911,495. 3

4 Florida s current processes, continued State rap back AHCA Clearinghouse All fingerprints have been retained since 2013 Screening valid for 5 years Receive only arrest hit Once determination made, is sent to provider and a copy of the arrest hit notification is available on the website. 4

5 Preparing for implementation Laws FDLE Must ensure current rap back law complies with FBI requirement for maintaining fingerprints AHCA Clearinghouse Required language that defined retention and set a timeframe: Fingerprints must be retained by both the Florida Department of Law Enforcement and the FBI National Retained Print Arrest Notification program once FDLE begins participation in such program. (435.12(2)(a)1&2, F.S.) Fingerprints are subject to retention on a 5-year renewal basis (435.12(2)(a)4, F.S.) Reason for 5 year subscription 5

6 Preparing for implementation, continued 1 Processes FDLE Determine subscription type Event versus person based Determine length of subscription Have multiple standards 2 year, 5 year, Lifetime Determine the types of transaction to receive (warrants, death notices, etc.) Determine method of validation Determine timing of enrollment/removal of prints Stay in sync with FBI Modify notifications to the requesting agency Fee collection/invoicing. 6

7 Preparing for implementation, continued 2 Processes AHCA Clearinghouse Determine length of subscription 5 year subscription Exception if 90-day break in service Determine timing of enrollment/removal of prints Stay in sync with FDLE Determine renewal/validation process Re-enroll after 5 years Special consideration for multiple agencies in Clearinghouse Fee collection/invoicing. 7

8 Preparing for implementation, continued 3 Data systems FDLE Major changes Receiving unsolicited transactions Maintenance of transactions Sending notifications to requesting agency 8

9 Preparing for implementation, continued 4 Data systems AHCA Clearinghouse Major changes Ability to distinguish FBI Rap Back from other incoming notifications Add new work item to the review queue Change payment module to accept FBI Rap Back fee Prepare additional eligibility notifications Develop process for notifying providers to renew FBI Rap Back prior to expiration date. 9

10 Preparing for implementation, continued 5 User acceptance testing FDLE End-to-end with FBI Format Subscription Maintenance Notifications AHCA Clearinghouse End-to-end with FDLE Submit prints for retention Set dates Parsing of new format into data system Renewal process Accounting of fees Notifications 10

11 Preparing for implementation, continued 6 Roll-Out FDLE Training and education Privacy risk mitigation strategies AHCA Clearinghouse Initial applicants Existing applicants 11

12 FDLE How FBI Rap Back will benefit Florida Overall enhance public safety and protections for citizens AHCA Clearinghouse Florida has large transient population many out-of-state workers Identify subsequent arrests from persons living in border states Reduced costs once FBI Rap Back implemented by eliminating the need for required re-fingerprinting Exceptions: 90-day break in service Provider decides to reprint employees prior to expiration date. 12

13 Rhode Island Planning ahead RI worked to develop and implement a State rap back program to match the elements of the FBI Rap Back Reached out to the FBI and scheduled meetings to ensure compliance with policies and practices for federal Rap Back RI still needs legislation to participate in FBI Rap Back but by planning ahead their system and processes will be ready. 13

14 Overview of NGI Rap Back Requirements 1. Select an approved Privacy Risk Mitigation Strategy (identified in a later slide) Extend or Renew Subscription 2. Notify Subscriber of fingerprint use (various ways to implement an agreement of use policy) 3. Select Subscription Management Plan (Event-Based, Category-Based) 4. Ensure understanding of Expiration Date to Rap Back Term Date 14

15 Privacy Risk Mitigation Strategy Options #1 (Pre-Notification with mandatory validation/expiration within 3 years) #2 (Authority for Duration of a License) #3 (Statutory Authority for set period of time) #4 (One year validation/expiration) #5 (Subscription synchronization through automated or formalized procedures) 15

16 NGI Rap Back Fees #1 (2 year term) -- $2.25 #2 (5 year term) -- $6.00 #3 (Lifetime term) -- $13.00 RI s goal was to align the Rap Back Subscription, Rap Back Expiration and Rap Back fee with the same term period. 16

17 Critical Understanding of Rap Back Authority: Will your State Allow Federal Rap Back? Statute must address the use of the Civil Applicant s Prints Understand Civil Applicant Biometric check (fingerprint based) will run against all National criminal records including latent (unsolved crimes) databases. (Other State s Records included) RI allows for a Federal Check however Federal Rap Back participation requires more Legislative discussion 17

18 Federal Rap Back Participation Note: Civil Fingerprints retained in NGI are available for searching against latent fingerprints. When a latent fingerprint matches against civil fingerprints within NGI, the Agency owning the latent fingerprint receives notification for comparison purposes. Notification of the match is not provided to the non-criminal justice Subscribing Entity. 18

19 EBTS for NGI Rap Back RET Rap Back Retention Code (must be Y ) RBXD Rap Back Expiration Date RBNF Rap Back Activity Notification Format (Privacy Strategy) RBC Rap Back Category RBST Rap Back Subscription Term RBMT Rap Back Maintenance Transaction RBMI Rap Back Maintenance Indicator (Replace, Delete, Append, Cancel, Renew, Un-cancel) Note: These are in addition to other required fields for fingerprint submissions. 19

20 RI s Approach Developed transaction based processing within our Applicant Portal Provider Selects Rap Back Participation based on Applicant Category (Long Term Care) Upon Fingerprint capture BCI Unit triggers enrollment date, expiration date, category, Rap Back indicator. (Provider - Hire Date) Rules in Applicant Portal drive the workflow triggers to State Rap Back follow similar NGI Rap Back Report triggers notify Provider and Applicant of Expiration Date at 90, 60 and 30 days 20

21 Summary Follow NGI Rap Back Subscription Policy Ensure Your State allows for Civil Applicant prints to be enrolled and searched against Criminal prints and Latent prints Nationwide Develop a State Rap Back subscription Solution first (Unless you plan on implementing National Rap Back Only) NGI covers all arrests. State Rap Back only covers State arrests Develop Provider Notification mechanism and test the hit/no-hit processing (Ident/Non-Ident or SRE delivery to State) Ensure the notification of the Applicant arrest hit to the Provider follows State Law specifically what data may be shared (RI only indicates a HIT on arrest no charge data is identified) 21

22 NGI Reference Material Appendix 1: Approved Rap Back Privacy Risk Mitigation Strategies (V 2.1) Appendix 2: Submitting Entity Start-Up Checklist (V 2.1) Appendix 3: Subscribing Entity Start-up Checklist (V 2.1) Appendix 4: Non-Criminal Justice Rap Back Related Data in EBTS (V 2.1) Appendix 5: NGI Rap Back Subscription Management Plans (V 2.1) Appendix 6: Use of EBTS field : Rap Back Recipient (V 2.1) Appendix 7: Change History (V 2.1) CJIS Information Letter 14-3 Electronic Biometric Transmission Specification (EBTS) Non-Criminal Justice Policy and Implementation Guide (V 2.1) 22

23 Questions RI NBCP Ownership Team: Rhode Island Attorney Generals Office Rhode Island Medicaid Fraud Control and Patient Abuse Unit Rhode Island Bureau of Criminal Identification Rhode Island Executive Office of Health and Human Services 23