Chris, the following highlight of this law seems to indicate that the use of the SSN is allowed. Printing a SSN on an insurance card is expressly prohibited.
Rachel CALIFORNIA'S NEW SOCIAL SECURITY NUMBER CONFIDENTIALITY LAW California's Social Security Number Confidentiality Law takes effect on July 1, 2002. Identity theft in America is on the rise, and this new law attempts to protect against it by limiting the use of social security numbers by private entities. Most employers use social security numbers for reporting and identification purposes, and this law may well impact the way you currently use social security numbers. Effective July 1, 2002, "any entity or person," excluding state and local governmental agencies, is prohibited from: Publicly posting or displaying an individual's social security number; Printing an individual's social security number on any card required to access products or services provided by the employer. (This includes social security numbers on insurance cards, employee identification cards, security badges, and similar identification tools); Requiring an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted; Requiring an individual to use his or her social security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Web site; and Printing an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document mailed (e.g., mailing I-9 and W-2 forms). Notwithstanding this provision, applications and forms sent by mail may include social security numbers. The new law has two exceptions applicable to employers: It does not prevent the use of social security numbers for internal verification or administrative purposes; and It does not prevent the use, collection, or release of a social security number as required by state or federal law. The total impact of the new law on California employers is still not entirely clear because the law does not define important terms such as "application," "form," or "materials" sent by mail, and "for internal verification or administrative purposes." It is also unclear whether the law applies to ERISA-governed benefits. There is a safe harbor provision for employers who have consistently and continuously used employees' social security numbers in a manner that violates the newly-passed legislation. To qualify for the safe harbor provision the employer must: Engage in the non-conforming practice continuously and without interruption (the law's prohibitions automatically apply if the practices cease for any reason); Provide employees with an annual disclosure, beginning in 2002, informing the individual that he or she has the right to stop the use of his or her social security number in a manner prohibited by the statute; Implement an individual's written request to stop the use of his or her social security number in a manner prohibited by the law within 30 days of receipt of the request, and no fee or charge may be required for implementing the request; and Not deny services to any individual who makes a written request to stop the use of his or her social security number in a manner prohibited by statute. The safe harbor provision may not be of significant help for California employers because employees can opt out of non-conforming social security number use any time after July 1, 2002. We recommend that employers: (1) carefully examine their uses of employee social security numbers, (2) identify any non-conforming practices, and (3) consider modifying documents or delivery methods. We note that the use of social security numbers on the itemized statements which must accompany paychecks will remain unaffected since that use is required by California law. Although the outlook remains unclear, this attempt by the California legislature to eradicate identity theft and protect employee privacy will impact many employers' current uses of social security numbers. Please contact John McLachlan if you would like a complete copy of the new legislation, have any questions, or wish to discuss the matter further. He can be reached at (510) 763-4411 or at [EMAIL PROTECTED] -----Original Message----- From: Christopher Feahr [mailto:[EMAIL PROTECTED] Sent: Friday, September 19, 2003 1:12 PM To: WEDI SNIP Transactions Workgroup List Subject: Re: Insurance cards with no Insured ID You're saying it's OK for payers in CA to continue using SSN as the primary means of identifying patients in their systems... but that the SSN cannot be printed on a wallet-card? So we CAN use the numbers to identify people but we must cease and desist the evil practice of using paper cards to identify people?? Does the law prohibit only "wallet sized", ink-on-paper renderings? What about mag-stripe or bar-coded SSNs on wallet cards? Bizarre... At 12:15 PM 9/19/2003 -0400, William J. Kammerer wrote: >I don't think the California law bans using the SSN as an ID - just >that it can't be printed on an identification card. Since most >everyone knows his own SSN, that shouldn't be much of a handicap. > >If Susan were able to "do" an electronic eligibility inquiry using the >name and SSN, and perhaps the adddress, then surely that same >information should be suitable for filing a claim, wouldn't you think? > >William J. Kammerer >Novannet, LLC. >Columbus, US-OH 43221-3859 >+1 (614) 487-0320 > > >----- Original Message ----- >From: "Doug Webb" <[EMAIL PROTECTED]> >To: "WEDI SNIP Transactions Workgroup List" ><[EMAIL PROTECTED]> >Sent: Friday, September 19, 2003 11:47 AM >Subject: Re: Insurance cards with no Insured ID > > >William, >Mainly because of the "I dunno" response from the insurance company. >That indicates to me that they have no idea what the proper ID is. If >they had come up with any positive response, working with them would >be, indeed, the better option. > >They're being a pain, and blaiming HIPAA when the cause is California >law banning the use of SSN as ID. Sometimes, the only way to get some >payers (most are great guys, but a few...) to clean up their act is to >apply pressure from the ones who are actually paying them (the >policyholders). > >The opinions expressed here are my own and not necessarily the opinion >of LCMH. > >Douglas M. Webb >Computer System Engineer >Little Company of Mary Hospital & Health Care Centers [EMAIL PROTECTED] > > > > ----- Original Message ----- > From: William J. Kammerer > To: WEDI SNIP Transactions Workgroup List > Sent: Friday, September 19, 2003 10:02 AM > Subject: Re: Insurance cards with no Insured ID > > > Doug, why can't Susan file the claim? The patient surely knows her >own > SSN, so leave off the member ID on the Subscriber NM1, and include a > secondary reference to the SSN. Can't insurance companies find out >which > subscriber (or patient) is being referred to solely by the name and >the > SSN? They have computers, don't they? Why put the patient in the >middle > of this? > > William J. Kammerer > Novannet, LLC. > Columbus, US-OH 43221-3859 > +1 (614) 487-0320 > > ----- Original Message ----- > From: "Doug Webb" <[EMAIL PROTECTED]> > To: "WEDI SNIP Transactions Workgroup List" > <[EMAIL PROTECTED]> > Sent: Friday, 19 September, 2003 10:04 AM > Subject: Re: Insurance cards with no Insured ID > > > Susan, > 1) Blaming HIPAA for this fiasco is totally bogus. > > 2) "I dunno" is a totally unacceptable response from the insurance > company. > > 3) If you can't get a vaild insurance ID, you can't file a claim. A >270 > query MAY reval the proper information. You shouldn't have to do so >to > get a valid ID. Bill the patient. Inform the the insurance company > that you will do this, and will give the patient X days to pay before > being referred to your collector. The insurance company will probably > respond "You can't do that!"; you can respond "We can and will if you > don't clean up your act!" > > The opinions expressed here are my own and not necessarily the opinion > of LCMH. > > Douglas M. Webb > Computer System Engineer > Little Company of Mary Hospital & Health Care Centers > [EMAIL PROTECTED] > > "This electronic message may contain information that is confidential > and/or legally privileged. It is intended only for the use of the > individual(s) and entity(s) named as recipients in the message. If >you > are not an intended recipient of the message, please notify the sender > immediately, delete the material from any computer, do not deliver, > distribute, or copy this message, and do not disclose its contents or > take action in reliance on the information it contains. Thank you." > > > > ----- Original Message ----- > From: Susan Hollabaugh > To: WEDI SNIP Transactions Workgroup List > Sent: Friday, September 19, 2003 07:17 AM > Subject: Insurance cards with no Insured ID > > > > We have begun receive patients in our California Imaging Centers who > present Insurance cards with no Insured ID. > > Here is the experience as reported from our Director in the region: > > "One Health Plan and Aetna are issuing new insurance cards without the > Insurance Identification Number. I called both insurances to ask why, > and was told, "HIPAA". Both are in the process of issuing new cards to > ALL members > > So I asked, the patient, "what is your Insurance ID number?". "I >dunno" > , was the answer > > So I asked the insurance companies, "are we to assume that the ID >number > is the social security number?" "I dunno" , was the answer. They would > not provide me with the ID number." > > How are we going to bill a patient's insurance company under these > circumstances? How are others dealing with this situation? Will this > necessitate Eligibility verification? Could we find the information >that > we need that way? If this extends throughout the market, it will be a > nightmare for providers. > > EDI Project Manager > 8754 Dunstable Loop > Bristow, VA 20136 > > > >--- >The WEDI SNIP listserv to which you are subscribed is not moderated. >The >discussions on this listserv therefore represent the views of the >individual participants, and do not necessarily represent the views of the >WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official >opinion, post your question to the WEDI SNIP Issues Database at >http://snip.wedi.org/tracking/. These listservs should not be used for >commercial marketing purposes or discussion of specific vendor products >and services. They also are not intended to be used as a forum for >personal disagreements or unprofessional communication at any time. > >You are currently subscribed to wedi-transactions as: >[EMAIL PROTECTED] To unsubscribe from this list, go to the >Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank >email to [EMAIL PROTECTED] >If you need to unsubscribe but your current email address is not the >same >as the address subscribed to the list, please use the >Subscribe/Unsubscribe form at http://subscribe.wedi.org Christopher J. Feahr, O.D. Optiserv Consulting (Vision Industry) http://Optiserv.com http://VisionDataStandard.org Office (707) 579-4984 Cell (707) 529-2268 --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-transactions as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-transactions as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
