AB 555, as amended, Salas. Social security numbers.
Existing law prohibits a person or entity, with specified exceptions, from publicly posting or displaying an individual’s social security number or doing certain other acts that might compromise the security of an individual’s social security number, unless otherwise required by federal or state law.
This bill would declare that those provisions do not prevent an adult state correctional facility, an adult city jail, or an adult county jail, from releasing an inmate’s social security number, upon request by the county veterans service officer or the United States Department of Veterans Affairs, for the purposes of determining the inmate’s status as a military veteran and his or her eligibility for federal, state, or local veterans’ benefits or services.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1798.85 of the Civil Code is amended
(a) Except as provided in this section, a person or
4entity may not do any of the following:
5(1) Publicly post or publicly display in any manner an
6individual’s social security number. “Publicly post” or “publicly
7display” means to intentionally communicate or otherwise make
8available to the general public.
9(2) Print an individual’s social security number on any card
10required for the individual to access products or services provided
11by the person or entity.
12(3) Require an individual to transmit his or her social security
13number over the Internet, unless the connection is secure or the
14social security number is encrypted.
15(4) Require an individual to use his or her social security number
16to access an Internet Web site, unless a password or unique
17personal identification number or other authentication device is
18also required to access the Internet Web site.
19(5) Print an individual’s social security number on any materials
20that are mailed to the individual, unless state or federal law requires
21the social security number to be on the document to be mailed.
22Notwithstanding this paragraph, social security numbers may be
23included in applications and forms sent by mail, including
24documents sent as part of an application or enrollment process, or
25to establish, amend or terminate an account, contract or policy, or
26to confirm the accuracy of the social security number. A social
27security number that is permitted to be mailed under this section
28may not be printed, in whole or in part, on a postcard or other
29mailer not requiring an envelope, or visible on the envelope or
30without the envelope having been opened.
31(b) This section does not prevent the collection, use, or release
32of a social security number as required by state or federal law or
33the use of a social security number for internal verification or
35(c) This section does not prevent an adult state correctional
36facility, an adult city jail, or an adult county jail from releasing an
37inmate’s social security number,
38 upon request by the county veterans service officer or the United
P3 1States Department of Veterans Affairs, for the purposes of
2determining the inmate’s status as a military veteran and his or her
3eligibility for federal, state, or local veterans’ benefits or services.
4 (d) This section does not apply to documents that are recorded
5or required to be open to the public pursuant to Chapter 3.5
6(commencing with Section 6250), Chapter 14 (commencing with
7Section 7150) or Chapter 14.5 (commencing with Section 7220)
8of Division 7 of Title 1 of, Article 9 (commencing with Section
911120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, or Chapter
109 (commencing with Section 54950) of Part 1 of Division 2 of
11Title 5 of, the Government Code. This section does not apply to
12records that are required by statute, case law, or California Rule
13of Court, to be made available to the public by entities provided
14for in Article VI of the California Constitution.
15 (e) (1) In the case of a health care service plan, a provider of
16health care, an insurer or a pharmacy benefits manager, a contractor
17as defined in Section 56.05, or the provision by any person or
18entity of administrative or other services relative to health care or
19insurance products or services, including third-party administration
20or administrative services only, this section shall become operative
21in the following manner:
22(A) On or before January 1, 2003, the entities listed in paragraph
23(1) shall comply with paragraphs (1), (3), (4), and (5) of subdivision
24(a) as these requirements pertain to individual policyholders or
26(B) On or before January 1, 2004, the entities listed in paragraph
27(1) shall comply with paragraphs (1) to (5), inclusive, of
28subdivision (a) as these requirements pertain to new individual
29policyholders or new individual contractholders and new groups,
30including new groups administered or issued on or after January
32(C) On or before July 1, 2004, the entities listed in paragraph
33(1) shall comply with paragraphs (1) to (5), inclusive, of
34subdivision (a) for all individual policyholders and individual
35contractholders, for all groups, and for all enrollees of the Healthy
36Families and Medi-Cal programs, except that for individual
37policyholders, individual contractholders and groups in existence
38prior to January 1, 2004, the entities listed in paragraph (1) shall
39comply upon the renewal date of the policy, contract, or group on
40or after July 1, 2004, but no later than July 1, 2005.
P4 1(2) A health care service plan, a provider of health care, an
2insurer or a pharmacy benefits manager, a contractor, or another
3person or entity as described in paragraph (1) shall make reasonable
4efforts to cooperate, through systems testing and other means, to
5ensure that the requirements of this article are implemented on or
6before the dates specified in this section.
7(3) Notwithstanding paragraph (2), the Director of the
8Department of Managed Health Care, pursuant to the authority
9granted under Section 1346 of the Health and Safety Code, or the
10Insurance Commissioner, pursuant to the authority granted under
11Section 12921 of the Insurance Code, and upon a determination
12of good cause, may grant extensions not to exceed six months for
13compliance by health care service plans and insurers with the
14requirements of this section when requested by the health care
15service plan or insurer. Any extension granted shall apply to the
16health care service plan or insurer’s affected providers, pharmacy
17benefits manager, and contractors.
18 (f) If a federal law takes effect requiring the United States
19Department of Health and Human Services to establish a national
20unique patient health identifier program, a provider of health care,
21a health care service plan, a licensed health care professional, or
22a contractor, as those terms are defined in Section 56.05, that
23complies with the federal law shall be deemed in compliance with
25 (g) A person or entity may not encode or embed a social security
26number in or on a card or document, including, but not limited to,
27using a barcode, chip, magnetic strip, or other technology, in place
28of removing the social security number, as required by this section.
29 (h) This section shall become operative, with respect to the
30University of California, in the following manner:
31(1) On or before January 1, 2004, the University of California
32shall comply with paragraphs (1), (2), and (3) of subdivision (a).
33(2) On or before January 1, 2005, the University of California
34shall comply with paragraphs (4) and (5) of subdivision (a).
35 (i) This section shall become operative with respect to the
36Franchise Tax Board on January 1, 2007.
37 (j) This section shall become operative with respect to the
38California community college districts on January 1, 2007.
39 (k) This section shall become operative with respect to the
40California State University system on July 1, 2005.
P5 1 (l) This section shall become operative, with respect to the
2California Student Aid Commission and its auxiliary organization,
3in the following manner:
4(1) On or before January 1, 2004, the commission and its
5auxiliary organization shall comply with paragraphs (1), (2), and
6(3) of subdivision (a).
7(2) On or before January 1, 2005, the commission and its
8auxiliary organization shall comply with paragraphs (4) and (5)
9of subdivision (a).