HMIS Privacy Statement

The HMIS Notice and the HMIS Privacy Statement, describes the HMIS privacy practices of FSAD. FSAD collects personal information about the people and customers it serves using the HMIS computer systems FSAD uses a single information system as its official HMIS software called ServicePoint ("ServicePoint").
 
FSAD's records are subject to public disclosures under Florida Public Records laws unless confidential or exempted by State of Florida's laws, federal laws, federal regulations (including federal register) or other applicable regulations protecting certain HMIS-related information. You might provide certain personal information to FSAD that does not qualify as protected personal information ("Protected Personal Information" or "PPI") under such laws and regulations.
 
Protected Personal Information or PPI is any information maintained by a Covered Homeless Organization ("CHO") about a living homeless client or homeless individual that: (1) Identifies a specific individual directly or indirectly; (2) can be manipulated by a reasonable foreseeable method to identify a specific individual; or (3) can be linked with other available information to identify a specific individual. A CHO is any organization that records, uses, or processes PPI on homeless clients for an HMIS. 
 
FSAD collects personal information directly from you for reasons that are discussed in the HMIS Notice and the HMIS Privacy Statement.  FSAD may be required to collect some personal information by law or by organizations that provide funds to operate some of its programs. Other personal information that is collected is important to run FSAD's programs, to improve services, and to better understand the needs of individuals being served. FSAD only collects information that is considered to be appropriate for the provisions of services which are required by its funding sources, legal, reporting obligations, and other obligations.

When you request services from FSAD, information is entered into the HMIS about you and members of your family. HMIS is used by FSAD and several social service agencies in the State of Florida that provide housing and related services. FSAD may be required to collect some personal information by law or by organizations that give FSAD funds to operate its programs. Other personal information that FSAD collects is important to run its programs, to improve services for individuals who need housing assistance, and to better understand the needs of those individuals. FSAD only collects information that FSAD considers appropriate for the provisions of services which are required by its funding sources, legal, law, reporting obligations, other obligations or as otherwise required. FSAD may use or disclose your information in order to provide you with services.  By providing your personal information to FSAD, you agree to allow FSAD to collect it and to use or disclose it as described in the HMIS Notice  and the HMIS Privacy Statement.
 
You can inspect your personal information that FSAD maintains in its HMIS as provided in the HMIS Notice and the HMIS Privacy Statement. You can also ask FSAD to correct inaccurate or incomplete information. Please contact your Case Manager to make this request.
 
Feel free to ask FSAD about its HMIS privacy practices. FSAD will respond to any questions and complaints regarding its HMIS privacy \ practices. Please read the HMIS Notice and the HMIS Privacy Statement for additional information. You will be provided with a copy of the HMIS Notice and the HMIS Privacy Statement upon request by contacting Broward County's Family Success Administration Division at 954-357-6367 during normal business hours which are usually Monday to Friday between 8:30AM to 5PM excluding County holidays and other times when County offices are closed.
   
As a FSAD's customer, you may request to inspect the electronic or paper record of the personal information that FSAD maintains in its HMIS. You may also ask FSAD to correct inaccurate or incomplete information. You may ask FSAD about the HMIS privacy practices.   FSAD will respond to your questions or complaints within a reasonable time after receipt of your request.
 
Please read the entire HMIS Notice and the HMIS Privacy Statement for more detail. A copy of such document(s) can be provided to you upon request.

  1. What the HMIS Notice Covers:
    1. The HMIS Notice and the HMIS Privacy Statement, describe FSAD's HMIS privacy practices.
    2. The practices covers the processing of protected personal information for customers of FSAD.
    3. Protected personal information and any information FSAD maintains about a customer (who is a living homeless client or a homeless individual)  that:
      1. allows identification of a customer directly or indirectly;
      2. can be manipulated by a reasonably foreseeable method to identify a specific customer; or
      3. can be linked with other information to identify a customer.
  2. Why Collect Personal Information?
    1.  Personal information is collected by FSAD for a number of purposes including, but not limited to, the following:
      1. To provide or coordinate services to customers;
      2. To locate other programs that may be able to assist customers;
      3. For functions related to payment or reimbursement from others (such as third parties) for services that are provided;
      4. To operate Broward County's overall  organization of which FSAD is a part, including administrative functions such as legal, audits, personnel, oversight, and management functions;
      5. To comply with government reporting obligations; or
      6. When required by law.
    2. FSAD will only use lawful and fair means to collect personal information as described in the HMIS Notice and the HIMS Privacy Statement. FSAD may also obtain information about you from other sources, including the following:
      1. Individuals who are with you;
      2. Other private organizations that provide services;
      3. Government agencies; or
      4. Telephone directories and other published sources.
    3. FSAD will post notices (similar to that shown below) at each intake (or comparable location) that explain generally the reason for collecting this information:
       
      FSAD NOTICE OF HMIS PRIVACY PRACTICE

      Family Success Administration Division ("FSAD") collects personal information directly from you for reasons that are discussed in FSAD's Homeless Management Information System ("HMIS") Notice of Privacy Practices (the "HMIS Notice") and FSAD's HMIS Privacy Statement. FSAD may be required to collect some personal information by law or by organizations that provide funds to operate some of its programs. Other personal information that FSAD collects is important to run its programs, to improve services for homeless persons or other individuals, and to better understand the needs of homeless persons or other individuals being served. FSAD only collects information that it considers to be appropriate for the provisions of services, required by its funding sources or otherwise.
  3. Use and Disclosure of Personal Information
    1. FSAD will use or disclose personal information for activities described in the HMIS Notice and the HMIS Privacy Statement.  Unless you provide immediate written notification to FSAD at the applicable e-mail address or other physical address obtained from your case manager, FSAD assumes that you consent to the use or disclosure of your personal information for the purposes described and for other uses and disclosures (unless restricted by federal or state of Florida's laws or regulations) including, but not limited to, the following:
      1. To provide or coordinate services to individuals (shelter, housing, case management, and other services).
      2. For functions related to payment or reimbursement for services.
      3. To carry out administrative functions, including, but not limited to, personnel oversight, management functions, legal, reporting obligations and auditing purposes.
      4. To create de-identified (anonymous) information that can be used for research and statistical purposes.
      5. When required by law.
      6. To avert a serious threat to health or safety if:
        (1)  FSAD believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public, and
        (2)  The use or disclosure is made to a person reasonably able to prevent or lessen the threat, including the target of the threat.
      7. To report victims of abuse when authorized by law.
      8. For research purposes unless restricted by other federal or state of Florida's laws or regulations.
      9. To a law enforcement official for a law enforcement purpose (if consistent with applicable laws and regulations).
      10. For judicial and administrative proceedings in response to a court order, court-ordered warrant, subpoena, summons issued by a judicial officer, a grand jury subpoena or for Broward County (including FSAD) to properly represent itself or defend itself in any pending or threatened litigation.
      11. To comply with government reporting obligations for HMIS requirements.

Before FSAD makes any use or disclosure of your personal information that is not described in the HMIS Notice and the HMIS Privacy Statement, FSAD will first attempt to seek your written consent unless the use or disclosure is allowed by federal or state of Florida's laws or regulations.

  1. How to Inspect and Correct Personal Information
    1. You may inspect and have a copy of your personal information that FSAD maintains by providing FSAD a reasonable time to provide this information to you. FSAD's staff will offer to explain any information that you do not understand. FSAD will not be able to provide legal advice to you.
    2. FSAD will consider a request from you for correction of inaccurate or incomplete personal information that FSAD maintain about you. If FSAD agree that the information is inaccurate or incomplete, FSAD may revise it, or FSAD may choose to mark it as inaccurate, incomplete and may choose to supplement it with additional information.
    3. To inspect, obtain a copy of, or ask for correction of your information, you will need to submit your request in writing to your case manager.
    4. FSAD may deny your request for inspection or copying of personal information if allowed by applicable laws or regulations under the following circumstances:
      1. The information was compiled by FSAD's attorney(s) in reasonable anticipation of litigation or comparable legal or administrative proceedings;
      2. The information is about another customer;
      3. The information was obtained under a promise of confidentiality and the disclosure would reveal the source of the information as long as there is applicable law protecting the confidentiality of the source;
      4. Disclosure of the information would be reasonably likely to endanger the life or physical safety of any individual as long as there is applicable law protecting the confidentiality of the source; or
      5. If otherwise allowed by other applicable laws, rules, requirements, regulations or as FSAD determine appropriate under Broward County's practices and procedures.
    5. If FSAD denies a request for access or correction, FSAD will explain the reason for the denial. FSAD will also include, as part of the personal information that it maintains, documentation of the request and the reason for the denial.
    6. FSAD may reject repeated or harassing requests for access or correction of HMIS related information; however, if FSAD denies an individual's request for access or correction to such information, FSAD will explain the reason for the denial to the individual and will include documentation of the request and the reason for the denial as part of the personal information (or protected personal information) about the individual. FSAD will attempt to correct incorrect information as soon as practicable after receipt of written notification, and FSAD intends to comply with requests for records within a reasonable time after receipt of such requests.
  2. Data Quality
    1. FSAD collects only personal information that is relevant to the purposes for which FSAD plans to use it.  To the extent necessary for those purposes, FSAD seeks to maintain only personal information that is accurate, complete, and timely.
    2. FSAD will maintain all personal information as required by federal, state, or local laws.
  3. Complaints and Accountability
    1. FSAD accepts and considers questions or complaints about its privacy practices.
       
      Any questions or complaints can be brought to your Case Manager.
       
      If you feel your question or complaint is not fully addressed within a reasonable timeframe, you may register a complaint with Broward County's Family Success Administration Division by calling 954-357-6367 during normal business hours which is usually Monday to Friday between 8:30AM to 5PM excluding County holidays and other times when County offices are closed.

[Dated: January 31, 2017]