1.This Act may be cited as the
Medicare Identity Theft Prevention Act
of 2010
.
2.Prohibition of
inclusion of social security account numbers on Medicare cards
(a)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)
(1)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)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)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)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 deadlinesWith 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 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)Such
funds are not authorized to be appropriated until after receipt of the report
provided under paragraph (1).