[Congressional Record Volume 157, Number 91 (Thursday, June 23, 2011)]
[Senate]
[Pages S4101-S4102]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Kohl, and Mr. Bingaman):
  S. 1275. A bill to require the Secretary of Health and Human Services 
to remove social security account numbers from Medicare identification 
cards and communications provided to Medicare beneficiaries in order to 
protect Medicare beneficiaries from identity theft; to the Committee on 
Finance.
  Mr. DURBIN. Mr. President, today I am introducing legislation with 
Senator Bingaman and Senator Kohl to remove Social Security numbers, 
SSNs, from Medicare identification cards.
  Today, many of the 45 million Medicare beneficiaries in the United 
States carry their Medicare cards in their wallets. The card displays 
an individual's Medicare identification number, which is their Social 
Security number with a 1- or 2-digit code at the end.
  The use of Social Security numbers on Medicare cards places millions 
of seniors at risk of identity theft because if the card is lost or 
stolen, their Social Security number is easily obtained. A person's 
Social Security number is one of the most valuable pieces of 
information that a thief can steal. It can unlock a treasure trove of 
personal and financial information.
  Last year, nearly 8.1 million Americans were victims of identity 
theft, many after their Social Security numbers were stolen. These 
crimes accounted for more than $37 billion in fraudulent charges.
  Recognizing this risk of identity theft, many government agencies and 
private businesses have stopped displaying Social Security numbers on 
identification cards. Thirty-three states have enacted laws that limit 
how public and private entities use and display Social Security 
numbers. Social Security numbers are being removed from driver's 
licenses, and most private health insurance cards no longer display 
them.
  Federal agencies have also taken steps to reduce the threat of 
identity theft. The Department of Veterans Affairs and Department of 
Defense are no longer displaying Social Security numbers on new 
identification cards. In addition, the Office of Personnel Management 
has directed health insurers participating in the Federal Employees 
Health Benefit Program to eliminate Social Security numbers from 
insurance cards.
  Unfortunately, the Centers for Medicare and Medicaid Services, CMS, 
is lagging behind other agencies.
  In 2005, I offered an amendment to the fiscal year 2006 Labor-HHS-
Education appropriations bill to require CMS to remove SSNs from 
Medicare cards. My amendment passed 98-0. The final bill directed CMS 
to provide Congress a report on steps necessary to remove the numbers.
  CMS issued the report in 2006, but it has not yet begun to remove 
Social Security numbers from Medicare cards.
  In 2008, the Inspector General of the Social Security Administration 
took CMS to task for its inaction. The Inspector General's report 
confirmed that displaying Social Security numbers on Medicare cards 
places millions of people at risk for identity theft and concluded that 
``immediate action is needed to address this significant 
vulnerability.''
  The bill that I am introducing today, the Social Security Number 
Protection Act of 2011, establishes a reasonable timetable for CMS to 
begin removing Social Security numbers from Medicare cards.
  Not later than 3 years after enactment, CMS would be prohibited from 
displaying Social Security numbers on newly issued Medicare cards. CMS 
would be prohibited from displaying the number on existing cards no 
later than 5 years after enactment.
  In addition to Medicare cards, the bill would prohibit CMS from 
displaying Social Security numbers on all written and electronic 
communications to Medicare beneficiaries, beginning no

[[Page S4102]]

later than 3 years after enactment, except in cases where their display 
is essential for the operation of the Medicare program.
  I urge my colleagues to cosponsor this important legislation and work 
with me to enact it. Removing Social Security numbers from Medicare 
cards and communications to beneficiaries is long overdue.
  Medicare beneficiaries should not be placed at greater risk of 
identity theft than people with private health insurance. Other Federal 
agencies have successfully removed Social Security numbers from 
identification cards, and we should require CMS to do the same.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1275

       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 ``Social Security Number 
     Protection Act of 2011''.

     SEC. 2. REQUIRING THE SECRETARY OF HEALTH AND HUMAN SERVICES 
                   TO PROHIBIT THE DISPLAY OF SOCIAL SECURITY 
                   ACCOUNT NUMBERS ON MEDICARE IDENTIFICATION 
                   CARDS AND COMMUNICATIONS PROVIDED TO MEDICARE 
                   BENEFICIARIES.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall establish and begin to implement procedures to 
     eliminate the unnecessary collection, use, and display of 
     social security account numbers of Medicare beneficiaries.
       (b) Medicare Cards and Communications Provided to 
     Beneficiaries.--
       (1) Cards.--
       (A) New cards.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall ensure that each newly issued Medicare 
     identification card meets the requirements described in 
     subparagraph (C).
       (B) Replacement of existing cards.--Not later than 5 years 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall ensure that all Medicare 
     beneficiaries have been issued a Medicare identification card 
     that meets the requirements of subparagraph (C).
       (C) Requirements.--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.
       (2) Communications provided to beneficiaries.--Not later 
     than 3 years after the date of the 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 determines that inclusion of 
     social security account numbers on such communications is 
     essential for the operation of the Medicare program.
       (c) Medicare Beneficiary Defined.--In this section, the 
     term ``Medicare beneficiary'' means an individual who is 
     entitled to, or enrolled for, benefits under part A of title 
     XVIII of the Social Security Act or enrolled under part B of 
     such title.
       (d) Conforming Reference in the Social Security Act.--
     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:
       ``(xii) For provisions relating to requiring the Secretary 
     of Health and Human Services to prohibit the display of 
     social security account numbers on Medicare identification 
     cards and communications provided to Medicare beneficiaries, 
     see section 2 of the Social Security Number Protection Act of 
     2011.''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______