II 110th CONGRESS 2d Session H. R. 6600 IN THE SENATE OF THE UNITED STATES September 30 (legislative day, September 17), 2008 Received AN ACT To amend title II of the Social Security Act to prohibit the inclusion of Social Security account numbers on Medicare cards.

1.

Short title

This Act may be cited as the Medicare Identity Theft Prevention Act of 2008.

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)) is amended by adding at the end the following new clause: (x)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 1 year 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. (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 is authorized to be appropriated such sums as are necessary to carry out the provisions of this section, including section 205(c)(2)(C) 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). The amounts appropriated under this subsection shall not be subject to limitations on administrative expenditures in any fiscal year under titles II and XVIII of the Social Security Act. (B)

Limitation

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

Passed the House of Representatives September 29, 2008. Lorraine C. Miller, Clerk.