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SECTION 4: PARTICIPANT CONFIDENTIALITY

To assist public assistance recipients to achieve self-sufficiency, Florida has a compelling interest in ensuring that TANF-assisted families participate in the programs and services available to them, including programs that address problems such as illiteracy, substance abuse, domestic violence, and mental health. To encourage their active participation, the State has an obligation to safeguard their family’s personal information and privacy.

4.1 DISCLOSURE OF INFORMATION (SECTIONS 414.106, 414.295, F.S.)

Florida uses an integrated eligibility process on the FLORIDA system that simultaneously determines eligibility for food assistance, TCA, and Medicaid. While the federal AFDC cash assistance regulations changed in many respects because of TANF, the confidentiality requirements for food assistance and Medicaid remain unchanged. Consequently, when DCF obtains information as part of an integrated eligibility process that includes either food assistance or Medicaid and TCA, or both, it safeguards the use or disclosure of such information in accordance with food assistance regulations (7 CFR 272.1(c), Medicaid regulations (42 CFR 431.300-431.306), and Florida’s TCA statutory exemption laws (sections 414.106, 414.295 and 445.007, F.S.).

4.2 PUBLIC RECORDS/PUBLIC MEETINGS EXEMPTION (SECTIONS 414.106, 414.295, 445.007, F.S.)

1. Public Meetings Exemption: Any public meeting or portion of a public meeting held by DCF, CSF, LWDBs, or local committee pursuant to section 445.007, F.S., in which there is a discussion of personal identifying information of a participant, a participant’s family, or household members from TCA/WT records is exempt from Florida’s public meetings laws. 2. Public Records: Personal identifying information contained in records that identifies a participant, the participant’s family, or a participant’s family member that receives TCA under the state’s program certified under Title IV-A of the Social Security Act, as amended by PRWORA, is confidential and exempt from Florida’s public records laws. The public records exemption applies to TCA participant’s information contained in records held by DCF, SWDB, LWDBs, FloridaCommerce, Department of Management Services, Department of Health, Department of Revenue (responsible for CSE), Department of Education, or service providers under contract with any of these entities. This does not include information identifying a non-custodial parent.