31A-22-634 - Prohibition against certain use of Social Security number -- Exceptions -- Applicability of section.
31A-22-634. Prohibition against certain use of Social Security number -- Exceptions -- Applicability of section.
(1) As used in this section:
(a) "Insurer" means:
(i) insurers governed by this part as described in Section 31A-22-600, and includes:
(A) a health maintenance organization; and
(B) a third-party administrator that is subject to this title; and
(ii) notwithstanding Subsection 31A-1-103(3)(f) and Section 31A-22-600, a health,dental, medical, Medicare supplement, or conversion program offered under Title 49, Chapter 20,Public Employees' Benefit and Insurance Program Act.
(b) "Publicly display" or "publicly post" means to intentionally communicate orotherwise make available to the general public.
(2) An insurer or its subcontractors, including a pharmacy benefit manager, shall not doany of the following:
(a) publicly display or publicly post in any manner an individual's Social Securitynumber; or
(b) print an individual's Social Security number on any card required for the individual toaccess products or services provided or covered by the insurer.
(3) This section does not prevent the collection, use, or release of a Social Securitynumber as required by state or federal law, or the use of a Social Security number for internalverification or administrative purposes, or the release of a Social Security number to a health careprovider for claims administration purposes, or as part of the verification, eligibility, or paymentprocess.
(4) If a federal law takes effect requiring the United States Department of Health andHuman Services to establish a national unique patient health identifier program, an insurer thatcomplies with the federal law shall be considered in compliance with this section.
(5) An insurer must comply with the provisions of this section by July 1, 2004.
(6) (a) An insurer may obtain an extension for compliance with the requirements of thissection in accordance with Subsections (6)(b) and (c).
(b) The request for extension:
(i) must be submitted in writing to the department prior to July 1, 2004; and
(ii) must provide an explanation as to why the insurer cannot comply with therequirements of this section by July 1, 2004.
(c) The commissioner shall grant a request for extension:
(i) for a period of time not to exceed March 1, 2005; and
(ii) if the commissioner finds that the explanation provided under Subsection (6)(b)(ii) isa reasonable explanation.
Enacted by Chapter 188, 2003 General Session