Text: H.R.5714 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (07/13/2010)


111th CONGRESS
2d Session
H. R. 5714

To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.


IN THE HOUSE OF REPRESENTATIVES
July 13, 2010

Mr. Doggett (for himself, Mr. Sam Johnson of Texas, Mr. Blumenauer, Mr. Wilson of Ohio, Ms. Kilroy, Mr. Gene Green of Texas, Mr. Hill, Mrs. Kirkpatrick of Arizona, Mr. Stark, Mr. Gonzalez, Mr. Gordon of Tennessee, Ms. Hirono, Mr. Camp, Mr. Herger, Mr. Brady of Texas, Ms. Schakowsky, Ms. Eddie Bernice Johnson of Texas, Mr. Moran of Virginia, Mr. Linder, Mr. McDermott, and Mr. Farr) introduced the following bill; which was referred to the Committee on Ways and Means


A BILL

To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Medicare Identity Theft Prevention Act of 2010”.

SEC. 2. Prohibition of inclusion of social security account numbers on Medicare cards.

(a) In general.—Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section 1414(a)(2) of the Patient Protection and Affordable Care Act (Public Law 111–148), is amended by adding at the end the following new clause:

“(xi) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a social security account number (or any derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is easily identifiable as not being the social security account number (or a derivative thereof).”.

(b) Effective date.—

(1) IN GENERAL.—The amendment made by subsection (a) shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is 24 months after the date adequate funding is provided pursuant to subsection (d)(2).

(2) REISSUANCE.—Subject to subsection (d)(2), in the case of individuals who have been issued such cards before such date, the Secretary of Health and Human Services—

(A) shall provide for the reissuance for such individuals of such a card that complies with such amendment not later than 3 years after the effective date specified under paragraph (1); and

(B) may permit such individuals to apply for the reissuance of such a card that complies with such amendment before the date of reissuance otherwise provided under subparagraph (A) in such exceptional circumstances as the Secretary may specify.

(c) Outreach program.—Subject to subsection (d)(2), the Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall conduct an outreach program to Medicare beneficiaries and providers about the new Medicare card provided under this section.

(d) Report to Congress and limitations on effective date.—

(1) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and in consultation with the Commissioner of Social Security, shall submit to Congress a report that includes detailed options regarding the implementation of this section, including line-item estimates of and justifications for the costs associated with such options and estimates of timeframes for each stage of implementation. In recommending such options, the Secretary shall take into consideration, among other factors, cost-effectiveness and beneficiary outreach and education.

(2) LIMITATION; MODIFICATION OF DEADLINES.—With respect to the amendment made by subsection (a), and the requirements of subsections (b) and (c)—

(A) such amendment and requirements shall not apply until adequate funding is appropriated pursuant to paragraph (3) to implement the provisions of this section, as determined by Congress; and

(B) any deadlines otherwise established under this section for such amendment and requirements are contingent upon the receipt of adequate funding (as determined in subparagraph (A)) for such implementation.

The previous sentence shall not affect the timely submission of the report required under paragraph (1).

(3) AUTHORIZATION OF APPROPRIATIONS.—

(A) IN GENERAL.—In addition to any amounts made available to the Secretary of Health and Human Services for the Program Management Account of the Centers for Medicare & Medicaid Services for administrative expenses and to the Commissioner of Social Security for administrative expenses, and subject to subparagraph (B), taking into consideration the report submitted under paragraph (1), there are authorized to be appropriated such sums as are necessary to carry out the previous subsections of this section, including section 205(c)(2)(C)(xi) of the Social Security Act, as added by subsection (a), for each of the five fiscal years beginning after the date of submittal of the report under paragraph (1).

(B) LIMITATION.—Such funds are not authorized to be appropriated until after receipt of the report provided under paragraph (1).