II 

111TH CONGRESS 

2D SESSION S. 3574 

To amend title II of the Social Security Act to prohibit the inclusion of 

Social Security account numbers on Medicare cards. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2010 

Mr. BROWN of Ohio (for himself and Mr. COBURN) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL 

To amend title II of the Social Security Act to prohibit 

the inclusion of Social Security account numbers on 

Medicare cards. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicare Identity 

5 Theft Prevention Act of 2010’’. 

6 SEC. 2. PROHIBITION OF INCLUSION OF SOCIAL SECURITY 

7 ACCOUNT NUMBERS ON MEDICARE CARDS. 

8 (a) IN GENERAL.—Section 205(c)(2)(C) of the Social 

9 Security Act (42 U.S.C. 405(c)(2)(C)), as amended by 

10 section 1414(a)(2) of the Patient Protection and AffordVerDate Mar 15 2010 00:20 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3574.IS S3574

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1 able Care Act (Public Law 111–148), is amended by add2 ing at the end the following new clause: 

3 ‘‘(xi) The Secretary of Health and Human Services, 

4 in consultation with the Commissioner of Social Security, 

5 shall establish cost-effective procedures to ensure that a 

6 social security account number (or any derivative thereof) 

7 is not displayed, coded, or embedded on the Medicare card 

8 issued to an individual who is entitled to benefits under 

9 part A of title XVIII or enrolled under part B of title 

10 XVIII and that any other identifier displayed on such card 

11 is easily identifiable as not being the social security ac12 count number (or a derivative thereof).’’. 

13 (b) EFFECTIVE DATE.— 

14 (1) IN GENERAL.—The amendment made by 

15 subsection (a) shall apply with respect to Medicare 

16 cards issued on and after an effective date specified 

17 by the Secretary of Health and Human Services, but 

18 in no case shall such effective date be later than the 

19 date that is 24 months after the date adequate fund20 ing is provided pursuant to subsection (d)(2). 

21 (2) REISSUANCE.—Subject to subsection (d)(2), 

22 in the case of individuals who have been issued such 

23 cards before such date, the Secretary of Health and 

24 Human Services— 


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1 (A) shall provide for the reissuance for 

2 such individuals of such a card that complies 

3 with such amendment not later than 3 years 

4 after the effective date specified under para5 graph (1); and 

6 (B) may permit such individuals to apply 

7 for the reissuance of such a card that complies 

8 with such amendment before the date of 

9 reissuance otherwise provided under subpara10 graph (A) in such exceptional circumstances as 

11 the Secretary may specify. 

12 (c) OUTREACH PROGRAM.—Subject to subsection 

13 (d)(2), the Secretary of Health and Human Services, in 

14 consultation with the Commissioner of Social Security, 

15 shall conduct an outreach program to Medicare bene16 ficiaries and providers about the new Medicare card pro17 vided under this section. 

18 (d) REPORT TO CONGRESS AND LIMITATIONS ON EF19 FECTIVE DATE.— 

20 (1) REPORT.—Not later than 90 days after the 

21 date of the enactment of this Act, the Secretary of 

22 Health and Human Services, acting through the Ad23 ministrator of the Centers for Medicare & Medicaid 

24 Services and in consultation with the Commissioner 

25 of Social Security, shall submit to Congress a report 


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1 that includes detailed options regarding the imple2 mentation of this section, including line-item esti3 mates of and justifications for the costs associated 

4 with such options and estimates of timeframes for 

5 each stage of implementation. In recommending 

6 such options, the Secretary shall take into consider7 ation, among other factors, cost-effectiveness and 

8 beneficiary outreach and education. 

9 (2) LIMITATION; MODIFICATION OF DEAD10 LINES.—With respect to the amendment made by 

11 subsection (a), and the requirements of subsections 

12 (b) and (c)— 

13 (A) such amendment and requirements 

14 shall not apply until adequate funding is appro15 priated pursuant to paragraph (3) to implement 

16 the provisions of this section, as determined by 

17 Congress; and 

18 (B) any deadlines otherwise established 

19 under this section for such amendment and re20 quirements are contingent upon the receipt of 

21 adequate funding (as determined in subpara22 graph (A)) for such implementation. 

23 The previous sentence shall not affect the timely 

24 submission of the report required under paragraph 

25 (1). 


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1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 (A) IN GENERAL.—In addition to any 

3 amounts made available to the Secretary of 

4 Health and Human Services for the Program 

5 Management Account of the Centers for Medi6 care & Medicaid Services for administrative ex7 penses and to the Commissioner of Social Secu8 rity for administrative expenses, and subject to 

9 subparagraph (B), taking into consideration the 

10 report submitted under paragraph (1), there 

11 are authorized to be appropriated such sums as 

12 are necessary, provided such sums are fully off13 set, to carry out the previous subsections of this 

14 section, including section 205(c)(2)(C)(xi) of 

15 the Social Security Act, as added by subsection 

16 (a), for each of the five fiscal years beginning 

17 after the date of submittal of the report under 

18 paragraph (1). 

19 (B) LIMITATION.—Such funds are not au20 thorized to be appropriated until after receipt of 

21 the report provided under paragraph (1). 

Æ 


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