HF 2892

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 11:44am

A bill for an act
relating to data privacy; prohibiting the use of Social Security numbers in certain
health records; amending Minnesota Statutes 2010, section 325E.59, subdivision
1; proposing coding for new law in Minnesota Statutes, chapters 62Q; 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [62Q.022] USE OF SOCIAL SECURITY NUMBERS.
new text end

new text begin A health plan company shall comply with the restrictions on use of an individual's
Social Security number contained in section 325E.59.
new text end

Sec. 2.

new text begin [144.2935] USE OF SOCIAL SECURITY NUMBER PROHIBITED.
new text end

new text begin A provider may not request or record a patient's Social Security number in any
health record maintained by the provider.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012. Social security
numbers appearing in a health record on that date must be removed from the record and
destroyed by the provider no later than January 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2010, section 325E.59, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) A person or entity, not including a government entity,
may not do any of the following:

(1) publicly post or publicly display in any manner an individual's Social Security
number. "Publicly post" or "publicly display" means to intentionally communicate or
otherwise make available to the general public;

(2) print an individual's Social Security number on any card required for the
individual to access products or services provided by the person or entity;

(3) require an individual to transmit the individual's Social Security number over
the Internet, unless the connection is secure or the Social Security number is encrypted,
except as required by titles XVIII and XIX of the Social Security Act and by Code of
Federal Regulations, title 42, section 483.20;

(4) require an individual to use the individual's Social Security number to access an
Internet Web site, unless a password or unique personal identification number or other
authentication device is also required to access the Internet Web site;

(5) print a number that the person or entity knows to be an individual's Social
Security number on any materials that are mailed to the individual, unless state or federal
law requires the Social Security number to be on the document to be mailed. If, in
connection with a transaction involving or otherwise relating to an individual, a person
or entity receives a number from a third party, that person or entity is under no duty to
inquire or otherwise determine whether the number is or includes that individual's Social
Security number and may print that number on materials mailed to the individual, unless
the person or entity receiving the number has actual knowledge that the number is or
includes the individual's Social Security number;

(6) assign or use a number as the primary account identifier that is identical to or
incorporates an individual's complete Social Security number, except in conjunction
with an employee or member retirement or benefit plan or human resource or payroll
administration; deleted text begin or
deleted text end

new text begin (7) if the person or entity is a health plan company as defined in section 62Q.01,
subdivision 4, request or record an individual's Social Security number in any record
maintained by the company relating to past, present, or future coverage for the provision
of health care to the individual; or
new text end

deleted text begin (7) deleted text end new text begin (8) new text end sell Social Security numbers obtained from individuals in the course of
business.

(b) For purposes of paragraph (a), clause (7), "sell" does not include the release of
an individual's Social Security number if the release of the Social Security number is
incidental to a larger transaction and is necessary to identify the individual in order to
accomplish a legitimate business purpose. The release of a Social Security number for the
purpose of marketing is not a legitimate business purpose under this paragraph.

(c) Notwithstanding paragraph (a), clauses (1) to (5), Social Security numbers may
be included in applications and forms sent by mail, including documents sent as part of
an application or enrollment process, or to establish, amend, or terminate an account,
contract, or policy, or to confirm the accuracy of the Social Security number. Nothing in
this paragraph authorizes inclusion of a Social Security number on the outside of a mailing
or in the bulk mailing of a credit card solicitation offer.

(d) A person or entity, not including a government entity, must restrict access
to individual Social Security numbers it holds so that only its employees, agents, or
contractors who require access to records containing the numbers in order to perform their
job duties have access to the numbers, except as required by titles XVIII and XIX of the
Social Security Act and by Code of Federal Regulations, title 42, section 483.20.

(e) This section applies only to the use of Social Security numbers on or after July
1, 2008.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012. Social Security
numbers appearing in a record on that date must be removed and destroyed by the health
plan company no later than January 1, 2013.
new text end