Sec. 302. Prohibiting the display of Social Security account numbers on newly issued Medicare identification cards and communications provided to Medicare beneficiaries
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Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish and begin to implement procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries. Not later than 4 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall ensure that each newly issued Medicare identification card meets the requirements described in subparagraph (B). Subject to clauses
(ii)and (iii), the requirements described in this subparagraph are, with respect to a Medicare identification card, that the card does not display or electronically store (in an unencrypted format) a Medicare beneficiary’s Social Security account number. The Secretary may waive the requirements under clause
(i)in the case where the health insurance claim number of a beneficiary is the Social Security number of the beneficiary, the beneficiary's spouse, or another individual. The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, may provide for the use of a partial Social Security account number on a Medicare identification card if the Secretary determines that such use does not allow an unacceptable risk of fraudulent use. Not later than 4 years after the date of enactment of this Act, the Secretary of Health and Human Services shall prohibit the display of a Medicare beneficiary’s Social Security account number on written or electronic communication provided to the beneficiary unless the Secretary, in consultation with the Commissioner of Social Security, determines that inclusion of Social Security account numbers on such communications is essential for the operation of the Medicare program. In this section, the term Medicare beneficiary means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) or enrolled for benefits under part B of such title (42 U.S.C. 1395j et seq.). Section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ) is amended— by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), 6 ems to the left; by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010 ( 42 U.S.C. 1305 note), as clause (xii); and by adding after clause (xii), as redesignated by subparagraph (B), the following new clause: Subject to section 302 of the Identity Theft and Tax Fraud Prevention Act of 2013 , social security account numbers shall not be displayed on Medicare identification cards or on communications provided to Medicare beneficiaries. . Section 205(r) of the Social Security Act (42 U.S.C. 405(r)) is amended by adding at the end the following new paragraph: To prevent and identify fraudulent activity, the Commissioner shall upon the request of the Attorney General or upon the request of the Secretary of Health and Human Services enter into a reimbursable agreement with the Attorney General or the Secretary to provide information collected under paragraph
(1)if— the requirements of subparagraphs
(A)and
(B)of paragraph
(3)are met; and such agreement includes appropriate provisions to protect the confidentiality of information provided by the Commissioner under such agreement. . The Secretary shall establish a pilot program utilizing smart card technology to evaluate— the applicability of smart card technology to the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), including the applicability of such technology to Medicare beneficiaries or Medicare providers; and whether such cards would be effective in preventing fraud under the Medicare program. The Secretary shall implement the pilot program under this subsection not later than 1 year after the date of enactment of this Act. The Secretary shall conduct the pilot program— in not less than 2 States; and for a period of not less than 180 days or more than 2 years. Not later than 12 months after the completion of the pilot program under this subsection, the Secretary shall submit to the appropriate committees of Congress and make available to the public a report that includes the following: A summary of the pilot program and findings, including— the costs or savings to the Medicare program as a result of the implementation of the pilot program; whether the use of smart card technology resulted in improvements in the quality of care provided to Medicare beneficiaries under the pilot program; and whether such technology was useful in preventing or detecting fraud, waste, and abuse in the Medicare program. Recommendations regarding whether the use of smart card technology should be expanded under the Medicare program. In this subsection: The term Medicare provider includes a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) )) and a supplier (as defined in section 1861(d) of such Act ( 42 U.S.C. 1395x(d) )). The term Secretary means the Secretary of Health and Human Services. The term smart card means identification used by a Medicare beneficiary or a Medicare provider that includes anti-fraud attributes. Such a card— may rely on existing commercial data transfer networks or on a network of proprietary card readers or databases; and may include— cards using technology adapted from the financial services industry; cards containing individual biometric identification, provided that such identification is encrypted and not contained in any central database; cards adapting technology and processes utilized in the TRICARE program under chapter 55 of title 10, United States Code, or by the Veterans’ Administration; or such other technology as the Secretary determines appropriate.
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- Pub. L. 111-148
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Sec. 302
Prohibiting the display of Social Security account numbers on newly issued Medicare identification cards and communications provided to Medicare beneficiaries
Pub. L.Pub. L. 111-148
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