[Congressional Record Volume 159, Number 40 (Tuesday, March 19, 2013)]
[Senate]
[Pages S1954-S1955]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mrs. Gillibrand):
  S. 612. 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 join my colleague, Senator Kirsten 
Gillibrand, to introduce the Social Security Number Protection Act of 
2013, a bill that would remove Social Security numbers from Medicare 
cards to address a leading cause of identity theft among our Nation's 
seniors.
  It is estimated that 11.6 million Americans were victims of identity 
theft in 2011, up from 10.2 million in 2010. We know that the misuse of 
Social Security numbers is one of the primary drivers of this crime. In 
many of these cases, identity thieves obtain them from Medicare cards.
  Today, over 49 million beneficiaries carry their Medicare cards with 
them in their purses and in their wallets. These cards display a 
Medicare identification number, which consists of their Social Security 
number with a one- or two-digit code at the end, leaving beneficiaries 
particularly vulnerable to identity theft should a card be lost, 
stolen, or left in plain sight.
  With identity theft on the rise, we can't make it this easy for 
thieves. Unfortunately, the Centers for Medicare and Medicaid Service, 
CMS, has fallen behind many other public and private organizations in 
better protecting seniors from identity theft by continuing to display 
Social Security numbers on Medicare cards. The Department of Defense, 
the Veterans Administration, and private insurers have all figured out 
how to transition to individual identification cards that don't include 
Social Security numbers.
  In 2005, I offered an amendment to the Fiscal Year 2006 Labor-HHS-
Education appropriations bill to require CMS to remove Social Security 
numbers from Medicare cards. Although my amendment was adopted with a 
rollcall vote of 98 to 0, the final bill directed CMS to report to 
Congress on the steps necessary to remove the numbers. CMS provided 
that report in October 2006.
  Six and a half years have passed since CMS first explored taking 
steps to remove Social Security numbers from Medicare cards. The 
Inspector General of the Social Security Administration took CMS to 
task in 2008 for its inaction and confirmed the risk that display of 
the numbers on Medicare cards poses to seniors. The Social Security 
inspector concluded that ``immediate action is needed to address this 
significant vulnerability.'' CMS has since issued another report, but 
it has failed to take action.
  The Social Security Number Protection Act of 2013 establishes a 
reasonable timetable--3 years--for CMS to begin removing Social 
Security numbers from Medicare cards. It also gives CMS flexibility in 
determining the method by which it makes this change, enabling it to 
pursue an option that minimizes burdens while maximizing cost 
effectiveness. The bill also prohibits CMS from displaying Social 
Security numbers on all written and electronic communications to 
Medicare beneficiaries.
  I urge my colleagues to cosponsor this important legislation and work 
with me to advance this long overdue change. CMS already requires that 
beneficiaries receiving benefits through Medicare Part C and Part D do 
not display individuals' Social Security numbers. Further, it has 6 
years' worth of reports and cost data that it can use as tools to make 
these changes happen. We should extend this protection to all 
beneficiaries and help safeguard our Nation's seniors from becoming 
victims of identity theft in the future as quickly as possible.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 612

       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.

[[Page S1955]]

       (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.

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