Monday, December 27, 2010

2010.12.27 - left voice message for Peg Estaves

Called Delta Dental at 800.765.6003, at 3:37PM. Left a message for Peg Estaves explaining that nothing in the laws cited by her in the previous response from Delta mandates any data retention requirements for any specific patient data, especially not the SSN.

I reiterated that my only immediate goal was to ascertain the specific reason that Delta was refusing to purge their records of my SSN. I acknowledged that this could be difficult with paper records, and that I would at least like the SSN purged from my electronic record, which presumably is not difficult for them to do.

2010.12.2 - Delta cites yet more new laws

Delta responds, once again citing irrelevant laws.

Relevant excerpt:
The Knox-Keen Act applies to health care service plans like Delta Dental and includes record retention requirements that applies [sic] to plans (see Health and Safety Code section 1368(a)(6); California Code of Regulations, Title 28, Division 1, Chapter 1, sections 1300.85 and 1300.85.1).
This makes approximately the sixth different citation of law they've given me. And once again, the cited law has no bearing on my case.

For starters, there is no "1368(a)(6)" of the Health and Safety Code. They apparently meant 1368(B)(6), which requires a plan to "Keep in its files all copies of grievances, and the responsesthereto, for a period of five years." This is about keeping grievances on file. It has nothing to do with storing my patient data including my SSN.

The sections cited from the California Code of Regulations do not say anything about recording all patient details, particularly the Social Security Number.
Article 13.
Books and Records
 
§ 1300.85. Books and Records. (a) Each plan, solicitor firm, and solicitor shall keep and maintain their books of account and other records on a current basis. (b) Each plan shall make or cause to be made and retain books and re-cords which accurately reflect: (I) The names and last known addresses of all subscribers to the plan. (2) All contracts required to be submitted to the Department and all other contracts entered into by the plan. (3) All requests made to the plan for payment of moneys for health care services, the date of such requests, and the dispositions thereof. (4) A current list of the names and addresses of all individuals employed by it as a solicitor. (5) A current list of the names and addresses of all solicitor firms with which it contracts. (6) A current list of the names and addresses of all of the plan's officers, directors, principle shareholders, general managers, and other prin- ciple persons. 
(7) The amount of any commissions paid to persons who obtain mem- bers for plans and the manner in which said commissions are determined. (c) Each solicitor firm shall make and retain books and records which include a current list of the names and addresses of its partners, if any, and all of its employees who make act as solicitors.
§ 1300.85.1. Retention of Books and Records. 
Every plan and solicitor firm shall preserve for a period of not less than five years. the last two years of which shall be in an easily accessible place at the offices of the plan or solicitor firm, the books of account and other records required under the provisions of. and for the purpose of the Act. After such books and records have been preserved for two years, they may be warehoused or stored. or microfilmed, subject to their availability to the Director within not more than 5 days after request therefore.

2010.12.1 - CA Department of Insurance can't help

They say simply that "Delta Dental is not an insurance company licensed by this Department."

Sunday, November 21, 2010

2010.11.20 - filed complaint with California Department of Insurance

My last resort before proceeding with a costly legal battle. The entire complaint can be viewed here.

Thursday, November 11, 2010

2010.11.11 - consulted an attorney

Spoke to a very sharp-sounding and supportive attorney at Just Health and Family Law. She seems to agree that a "strongly worded" letter to Delta's legal department could very likely preclude the need for an actual lawsuit. The fees seem reasonable and I will probably move forward in a day or so.

2010.11.11 - requested assistance from CA insurance commissioner

Submitted to https://interactive.web.insurance.ca.gov/contactCSD/ContactUs.jsp

Contact Information Confirmation
Congratulations!
Your inquiry has been successfully submitted and
a representative from the Department will be contacting you.
The following information has been submitted to the California Department of Insurance.
First Name Last Name
Clay Shentrup
I am a(n)
CONSUMER
Address
******
Suite/Apt#
City State Zip Code
San Francisco CA ******
Daytime Phone Email Address
(206) 801-0484 ext. - ******
Related Type of Insurance
GAH
Comments or Questions (Please be specific)
When my Delta Dental health plan was set up by a third party benefits administrator (Trinet), my Social Security # was disclosed to Delta without my consent. I have spent almost a year trying to get my SSN purged from Delta's records. They have cited law which they claim requires a 7 year retention policy, and forbids them from doing so. I feel that their understanding of this law is mistaken, and seek government help. This is documented in detail at my blog: http://ssnfail.blogspot.com/

Thursday, November 4, 2010

2010.11.4 - sent letter to Delta legal department

After Peg Esteves stated that the DMHC and HIPAA specify retention policies of seven and six years, respectively, I investigated this and found that neither is the case. I contacted Peg Esteves to let her know, and she reiterated that the best thing to do would be to send a follow-up letter to Delta's legal department.

I mailed this letter to the legal department, and sent a copy to Peg as well.

2010.11.4 - spoke with Peg Estaves at Delta Dental

I called Delta Dental again, just now, hoping to speak to someone more sane and level-headed than Jessica Austin. The initial representative almost instantly came across as sort of blunt and confrontational, which gave me an unsettling feeling. I thought, "are all Delta's employees just crazy?"

However, that rep transferred me to her supervisor, Peg Estaves, who was so much more helpful than Jessica. Instead of just telling me "we can't remove your information", she cited a specific six year retention policy within HIPAA, as well as an even longer seven year retention policy that was mandated by none other than the DMHC.

Peg even told me I could write to Delta's legal department if I had further concerns!

I thanked Peg profusely for being so helpful, and I will now attempt to verify the seven year requirement with the DMHC.

2010.11.4 - called Jessica Austin at Delta Dental

Around 11AM, I called Jessica Austin at 877.335.8273 x2203. I explained to her my findings regarding the sections of Title 45 which Delta had cited in their response to my DMHC complaint. I asked her why Delta was refusing to remove my information. Just like last time, she spoke to me very vacantly, refusing to acknowledge my question of why Delta was refusing to remove my information.

Jessica made several assertions which seemed to have been fabricated on the spot. For instance, she told me that I should be dealing with the DMHC, not Delta Dental. I told her that I had already called them, and attempted to explain to her that the DMHC only deals with Knox-Keene compliance, so Delta's claim about Title 45 was outside the DMHC's jurisdiction. But Jessica cut me off and asserted that the DMHC deals with all regulation of health plans.

Once I finally was able to explain to her that Title 45 was outside the DMHC's jurisdiction, Jessica said (paraphrasing), "well then it's outside of our jurisdiction too." I told her that didn't make sense, since Title 45 was the actual legislation that Delta Dental cited in their response to my DMHC complaint!

Jessica repeatedly said things like, "I don't know what you want me to tell you", or "I've answered your question -- we are unable to remove your information from our records." Just like in our last phone "conversation", I repeatedly told her that my question was why they "could not" remove my information. She continually asserted that she had done all she could do and did not want to "argue" with me. She refused to actually answer my very straightforward questions.

Eventually Jessica put me on hold for about two minutes, then came back on and reiterated what she had said, and then told me she was going to disconnect the call, then wished me a happy holidays, then hung up.

2010.10.28 - checked in with DMHC

Contacted Laurenne Brown at the Department of Managed Health Care, at 888.466.2219 at 1PM on 2010.10.27, and the man I spoke with left a message for her to call me back within “24-48 hours”.

Laurenne called me at 11:10AM on 2010.10.28 Thursday and explained that there was nothing they could do because their jurisdiction is the Knox-Keene Act, which is separate from Title 45.

2010.10.25 - DMHC sent response to complaint

Received this letter, which essentially just forwards Delta Dental's response. The letter contains this:
Delta is legally required to hold original records regarding communications and any actions or activities for six years from the date of creation. The law which stipulates this can be found in Title 45, Code of Federal Regulations, section 164.316(b)(2)((i)), which states that a covered entity must "retain the documentation required by paragraph (b)(1) of this section for 6 years from the date of its creation or the date when it last was in effect, whichever is later."
But this law only pertains to documentation that the insurance company is complying with standards, e.g. “those factors specified in 164.306(b)(2)(i), (ii), (iii), and (iv)”. Those are:
(2) In deciding which security measures to use, a covered entity must take into account the following factors:

 (i) The size, complexity, and capabilities of the covered entity.
 (ii) The covered entity's technical infrastructure, hardware, and software security capabilities.
 (iii) The costs of security measures.
 (iv) The probability and criticality of potential risks to electronic protected health information.

The section cited in the letter, which cites these four factors, is:

164.316 - Policies and procedures and documentation requirements.

A covered entity must, in accordance with 164.306: (a) Standard: Policies and procedures. Implement reasonable and appropriate policies and procedures to comply with the standards, implementation specifications, or other requirements of this subpart, taking into account those factors specified in 164.306(b)(2)(i), (ii), (iii), and (iv). This standard is not to be construed to permit or excuse an action that violates any other standard, implementation specification, or other requirements of this subpart. A covered entity may change its policies and procedures at any time, provided that the changes are documented and are implemented in accordance with this subpart.

 (b)(1) Standard: Documentation. (i) Maintain the policies and procedures implemented to comply with this subpart in written (which may be electronic) form; and (ii) If an action, activity or assessment is required by this sub-part to be documented, maintain a written (which may be electronic) record of the action, activity, or assessment. [I, Clay Shentrup, note that there is nothing in here about storing my actual personal information.]

 (2) Implementation specifications: (i) Time limit (Required). Retain the documentation required by paragraph (b)(1) of this section for 6 years from the date of its creation or the date when it last was in effect, whichever is later.

My assessment is that:
  1. This law only requires documentation of compliance with certain specific security and privacy regulations, not documentation of all correspondence regarding every member.
  2. Even if it did require documentation of all correspondence pertaining to members, that could be as simple as a record like "Received patient's initial registration paperwork." That is, documentation of correspondence does not inherently mean documentation of the full contents of that correspondence. This law says absolutely nothing about documenting the full contents of anything.

Sunday, October 24, 2010

2010.10.20 - received receipt notice from CA DMHC

I received this letter, acknowledging the receipt of my complaint about Delta Dental. It says that they will evaluate the information and provide a written decision within 30 days.

Sunday, October 10, 2010

2010.10.10 - filed complaint with CA DMHC

URL: http://www.hmohelp.ca.gov/dmhc_consumer/forms/complaint.html

Please explain your complaint

See my blog account of this ongoing issue: http://ssnfail.blogspot.com/

Previous to my current job, I worked for a company called Zendesk, which used Trinet to administer benefits and standard government-mandated employment documentation (e.g. W-2's). Before enrolling for benefits, I notified Trinet that I did not wish for them to disclose my Social Security number to any of my benefit providers. Trinet disregarded this, and disclosed my SSN to Delta Dental without my permission. I have filed a grievance with Delta Dental, requesting them to purge the SSN from their records. However they state that law requires them to retain all records for "seven years". They are unable to cite which specific law says this, and I speculate that the law may not apply in cases where the information was disclosed to them without the member's consent.

What is your health problem related to this complaint?

The problem in this case is not related to my health. My concern is based on a few considerations:

1) There have been a number of major data breaches in the insurance industry in recent history. The Privacy Rights Clearinghouse documents several of them here.
http://www.privacyrights.org/data-breach-asc?title=insurance

2) When Social Security numbers were first issued in 1936, the federal government assured the public that use of the numbers would be limited to Social Security programs such as calculating retirement benefits. Use of the SSN for other purposes is an unnecessary risk.

3) Because I am under 45 and not on Medicare, there is no legal reason for my insurance companies to need my SSN. I did the legal research, which is discussed on my blog here: http://ssnfail.blogspot.com/2010/08/2010330-setting-trinet-straight-about.html

What treatment(s) have you had for this health problem?

I filed a grievance with Delta Dental. However they failed to comply. A scan of the letter they sent me is available here:

http://ssnfail.blogspot.com/2010/10/2010923-delta-writes-letter-denying.html

As well as in paper form, attached to this complaint.

2010.10.6 - called the Dept. of Managed Health Care

Called 888.466.2219 at 1pm

Spoke with Robert. He cited the relevant legal codes they follow that might pertain to the claim Jessica made that Delta has to retain my records for "seven years".

- Knox-Keene Act

- Title 28 of the California Health and Safety codes section 123100 through 123149.5

- All documents at http://wpso.dmhc.ca.gov/regulations/

- Also full text search of California law at http://leginfo.ca.gov/

Robert suggests that I begin with a complaint to the Dept. of Managed Health Care, before resorting to sifting through the legal code myself.

I can just file a complaint through their dept: http://www.hmohelp.ca.gov/dmhc_consumer/forms/complaint.html

I need to include a copy of the letter from Delta Dental.

Wednesday, October 6, 2010

2010.10.5 - spoke with Jessica at Delta Dental

Called Delta Dental at 877.335.8273

First call: 10/5/10 1:30 PM, 19 minutes long
** call dropped **
Second call: 10/5/10 1:52 PM, 18 minutes long

Jessica stated that they "cannot" remove my SSN from their records.

I asked for her to clarify that statement. Does she mean that they are technologically unable to delete the data? Does she mean that they are legally unable to delete the data? Is it a specific Delta Dental policy? If it is law or policy, then what precisely does that law or policy state, verbatim?

Jessica repeated, over and over again, that they cannot remove my SSN, but they can issue me an alternate identification number. I explained to her calmly and clearly that she was not answering my question, and that my question was why she could not remove the SSN. I asked whether it was a technical, legal, or policy issue, or something else entirely. She repeated that she had indeed answered my question, and that she could, and had, issued me an alternate identification number.

Eventually, she stated that she could not remove the SSN because it was printed out on hard paper documents from Trinet. I did not understand how that prevented her from removing the SSN from electronic databases, but I avoided that conversation and instead asked what law she was citing that mandated this seven-year retention policy. She said she did not know the law but she was quite positive that it existed.

I told her that I would be researching this law, and that if it contradicted her understanding, I would be getting back to her soon. She said something sarcastically like, "good luck finding a loophole".

2010.9.23 - Delta writes a letter denying request to remove SSN

Received this letter from Jessica at Delta Dental.

2010.9.14 - check-in with Karen S. at Delta Dental

9:50am - Called Delta Dental to check up on grievance.

Spoke with Karen S. She said that as of the 2010.9.7 they are working to remove SSN from records.

Monday, September 6, 2010

2010.9.1 - response from Annette Jang = SUCCESS!

from Jang, Annette
to clay shentrup
date Wed, Sep 1, 2010 at 10:29
subject RE: SSN issue

Hi Clay,

I got this taken care of for you. Your SSN has now been completely removed from our system so if you were to call Member Services and provide them your SSN, we should not be able to pull you up at all. You are listed in our system with only your J number, which links you to TriNet and Sharethrough.

Thank you!

Annette Jang
Sales Assistant
Small Group Sales (2 – 50)
CA Lic #0F57331
blue shield of california
2175 North California Blvd. Suite 250
Walnut Creek, CA 94596
ph | 925.927.7473
fax | 925.927.7410
annette.jang@blueshieldca.com

2010.9.2 - filed grievance form with Delta Dental

from SubscriberServices@delta.org
to Clay Shentrup
date Thu, Sep 2, 2010 at 14:51
subject Grievance Form from the Internet

We have received your inquiry and will respond shortly.
If you need to contact us about your inquiry, please reference the
tracking number below.

Thank you for contacting Delta Dental.

-----------------------------------------------------
Tracking Number

2010.9.1 - contacted Annette Jang at Blue Shield

Called her and explained the issue, then sent a follow-up email immediately thereafter, to relay Tammy's phone number and provide her with something "in writing".

from clay shentrup
to annette.jang@blueshieldca.com
date Wed, Sep 1, 2010 at 10:18
subject SSN issue

Annette,

To summarize: I never authorized Trinet to disclose my SSN to my insurance carriers. In fact, I explicitly ordered them NOT to disclose it.

I've been dealing with Trinet about this issue since December of 2009, and my contact there is a manager named Tammy Wadsworth. Her direct phone number is 775.327.6482.

Thank you,
Clay Shentrup

2010.9.2 - response from the Electronic Frontier Foundation

from Eva Galperin
to clay shentrup
date Thu, Sep 2, 2010 at 14:45
subject Re: Social Security problem

Clay,

Thank you for contacting the Electronic Frontier Foundation. I am not sure that there is enough of a digital nexus in this case for EFF to get involved, but you might want to try taking a look at the Privacy Rights Clearinghouse for guidance and the Electronic Privacy Information Center for representation.

Regards,

Eva Galperin

************************************
Eva Galperin
Referral Coordinator
Electronic Frontier Foundation
eva@eff.org
(415) 436-9333 ex. 111
************************************

2010.9.1 - last conversation with Trinet?

I left a message with Heidi Isaacs at Delta Dental, asking her to call Tammy Wadsworth at Trinet, and check back in with me.

Received this message at 3:55pm from Tammy Wadsworth:
Hello Clay. This is Tammy Wadsworth at Trinet. I was -- I had the opportunity to speak with Heidi at Delta Dental. I'd like you to give me a phone call back so I can relay the message, since the voicemail did not leave your name I wanna make sure I reached you correctly. So you can call me at 775.327.6482. Again, this is Tammy at Trinet calling to relay some additional findings after my discussion with Delta Dental. Thank you.



Spoke with Tammy around 4:15pm. She had talked to Heidi Isaacs at Delta Dental and confirmed there was nothing more that Trinet could do. This is when I called Delta Dental and spoke with Arin Watkins, who told me that I must file a grievance with Delta Dental at https://secure1.ddpdelta.org/ddpca_secure/!complaint.asp

2010.9.1 - Delta Dental says I must file a grievance

Spoke with Arin Watkins at Delta Dental, who says I must file a grievance form here:

https://secure1.ddpdelta.org/ddpca_secure/!complaint.asp

2010.8.31 - contacted the Electronic Frontier Foundation

from clay shentrup
to information@eff.org
date Tue, Aug 31, 2010 at 03:27
subject Social Security problem

Hello,

I'm not sure that the EFF is the right place to go with this problem,
but maybe I can offer some advice.

At my last and previous employer (both "startups", who use third party
benefit administrators to handle health benefits), my Social Security
number was given to my benefit carriers, even though I explicitly said
from the start that I did not authorize that.

I created a blog to chronicle the ongoing saga of trying to get my
benefit carriers to remove my SSN from their records.

http://ssnfail.blogspot.com/

It has become truly agonizing, but I don't know that I want to (or
really even can) spend the money to hire an attorney at this point.

Thanks,
Clay Shentrup
San Francisco

2010.9.1 - plea for sanity with my benefits admin (cont.)

from Clay Shentrup
to Azeb ______
date Wed, Sep 1, 2010 at 9:58 AM
subject Re: Delta Coverage

Azeb,

It's Clay Shentrup. I just wanted to ask who you spoke with at Delta Dental who said they "can't" erase my SSN from my record?

Thanks,
Clay

2010.9.1 - plea for sanity with my benefits admin (cont.)

From: "Azeb ______"
Date: September 1, 2010 9:26:23 AM PDT
To: "'Brian ______'"
Cc: "'Paul Wensloff'" <______@alliedadministrators.com>
Subject: RE: Delta Coverage

Hi Brian

With Allied Administrators it is only showing with the dummy SS#. It is his previous record with Trinet that is showing under his real SS#. Delta said they can’t erase it, they have to show the history.

Thanks,

Azeb ______
Account Coordinator
Allied Administrators

2010.8.30 - plea for sanity with my benefits admin (cont.)

From: Brian ______ [mailto:brian.______@baypointbenefits.com]
Sent: Monday, August 30, 2010 5:35 PM
To: Azeb ______
Cc: Paul Wensloff
Subject: Fwd: Delta Coverage

Clay Shentrup at is stating that Delta has his SSN. Can you confirm, based on the info below, that it is from the previous Trinet administered plan - not the Allied plan?

Brian ______
Managing Director
BayPoint Benefits

Tuesday, August 31, 2010

2010.8.31 - spoke with Tammy at Trinet

Spoke with Tammy at Trinet around 12:50pm. She was very attentive and helpful, and gave me her direct phone number. However she said there was nothing more she could do. I asked to put my insurance carriers in touch with her and she said that was fine.

2010.8.31 - response from Paul Stephens at PrivacyRights.org

from ______@privacyrights.org
to Clay Shentrup
date Tue, Aug 31, 2010 at 13:18
subject FW: [Beth Givens] Ongoing SSN confidentiality issue - any advice/help to offer?

Thanks for contacting the Privacy Rights Clearinghouse. I've been through a
similar experience myself.  Unfortunately, it can be extremely difficult, if
not impossible, to reclaim your information in these circumstances.
Persistence can pay off, escalating the matter to a higher level in the
company.  Regrettably, we are not aware of any laws to protect your
information in situations like this.  I wish you the best of luck in
resolving this matter.

Paul Stephens
Director of Policy and Advocacy
Privacy Rights Clearinghouse
3100 - 5th Ave., Suite B
San Diego, CA 92103
Voice:  619-298-3396
Fax:  619-298-5681
www.privacyrights.org

The information, advice, and suggestions contained in this email should be
used as an information source and not as legal advice.

2010.8.31 - response from Beth Givens at PrivacyRights.org

from    Beth Givens <______@privacyrights.org>
to    Clay Shentrup
date    Tue, Aug 31, 2010 at 09:30
subject    Re: [Beth Givens] Ongoing SSN confidentiality issue - any advice/help to offer?
   
Hello Clay,

I'm going to forward your question to Paul of our staff,

Sorry you're having such a terrible time with this,

Beth

2010.8.31 - contacted Beth Givens at PrivacyRights.org

To: Beth Givens <______@privacyrights.org>
Subject: [Beth Givens] Ongoing SSN confidentiality issue - any advice/help to offer?
From: Clay Shentrup
Date: Tue, 31 Aug 2010 03:20:33 -0700

Clay Shentrup sent a message using the contact form at https://www.privacyrights.org/contact/Beth%20Givens.

Hello Beth,

I recently set up this blog to chronicle my multi-month effort to get my health benefit carriers to purge my SSN from their records, as I never authorized my benefit administrators to give it to them in the first place.

http://ssnfail.blogspot.com/

Any advice? It shouldn't take you long reading that blog to see the hell I've been through.

Best,
Clay Shentrup
San Francisco, CA

2010.8.31 - zendesk account manager says account manager is Karly Shannon

from    <Zendesk's office manager>
to    clay shentrup
date    Tue, Aug 31, 2010 at 13:06
subject    Re: Account Manager for Trinet
   
Clay,

Our account manager is Karly Shannon. I'll email her regarding your request and let you know what the outcome is. I'm sorry you're having such an issue with this.

Thanks for your patience,
<office manager name redacted>

2010.8.31 - explained my problem to Zendesk's new office manager

from  clay shentrupto <office manager>
date  Tue, Aug 31, 2010 at 12:52
subject Re: Account Manager for Trinet

<account manager's name redacted>,

Here's a description of the problem.
http://ssnfail.blogspot.com/2010/08/20091213-asked-trinet-not-to-disclose.html

Currently I've been advised by my health insurance companies to contact the account manager for benefits at Zendesk.

Thank you,
Clay

2010.8.31 - check-in from new Zendesk office manager

from    <office manager at zendesk>
to    clay shentrup
date    Tue, Aug 31, 2010 at 12:44
subject    Re: Account Manager for Trinet
   
Hi Clay,

I'm the new office manager at Zendesk. Can you fill me in on what the issue is? I'll try and figure it all out asap.

Thanks,
<office manager's name redacted>

2010.8.31 - quick check-in with account manager

from  Brian ______ <brian.______@baypointbenefits.com>
to  Clay Shentrup <clay@______.com>
cc  <office manager>
date  Tue, Aug 31, 2010 at 11:09 AM
subject Re: Delta Coverage?
 
Annette Jang was the contact at Blue Shield that set up the <current employer> account and facilitated the data entry of the employees.  She has access to system data that a customer service agent would not (access to the underwriting notes, case installation management, and pre-underwriting notes).  Customer service/service supervisors just has the general account info.  Meaning, if she said that it was not sourced by <current employer> then there is no way that it could be.

We’ll be in touch regarding Delta.

Brian

2010.8.31 - check-in with account manager; it's not all clear

from  Clay Shentrup <clay@sharethrough.com>
to  Brian ______ <brian.______@baypointbenefits.com>
date  Tue, Aug 31, 2010 at 11:03 AM
subject Re: Delta Coverage?

Brian,

Well, unfortunately it's not clear, because Jenette said the exact opposite. And I think she proved it by showing that she could indeed look me up by SSN. I guess the dispute then is just over the source of that SSN data: Sharethrough or my previous employer. But since both of these employees work at Blue Shield, I think I should handle trying to get them to "get their stories straight". If you could follow up on the Delta Dental thing, I would be very grateful.

Best,
Clay

2010.8.31 - account manager check-in

from  Brian ______ <brian.______@baypointbenefits.com>
to  Clay Shentrup <clay@sharethrough.com>
cc  <office manager>
date  Tue, Aug 31, 2010 at 10:20 AM
subject Re: Delta Coverage?
 
I am still looking into this (Delta).

Are we clear on the Blue Shield SSN issue?  Per the notes that I sent over they do not have your SSN because of the <current employer> set-up.  The only way that is possible is from Trinet.

Brian

2010.8.30 - contacted Zendesk's office manager

from clay shentrup
to <office manager>@zendesk.com
date Mon, Aug 30, 2010 at 17:13
subject Account Manager for Trinet

<office manager's name redacted>,

I'm still having hell with the SSN issue. I was instructed by a rep at Delta Dental to contact my Account Manager from Zendesk. Do you have that name and number and/or email?

Thanks,
Clay

2010.8.30 - plea for sanity with my benefits admin

from  Clay Shentrup <clay@<current employer redacted>.com>
to  Brian _____ <brian._____@baypointbenefits.com>
cc  <office manager's info redacted>
date  Mon, Aug 30, 2010 at 5:06 PM
subject Re: Delta Coverage?

Brian,

I just spoke to a manager named Heidi at Delta Dental, who also says that my SSN is in the system, via "SVP Classic" or something like that. I asked her to please confirm with absolute certainty that this was through <current employer redacted>, and not via Trinet and my previous employer, and she said she was absolutely certain. I'm happy to conference call the two of you if that's helpful.

Thanks,
Clay

2010.8.30 - agents contradicting each other

From: "Jang, Annette" <Annette.Jang@blueshieldca.com>
Date: August 30, 2010 4:17:45 PM PDT
To: "Brian _____" <brian._____@baypointbenefits.com>
Subject: RE: Delta Coverage?

Hi Brian,

I’m not sure what the member was told, but per our system, I see Clay Shentrup is enrolled with his J # listed under the “SSN” box.  Also, the notes in our system states that the subscriber doesn’t wish to be enrolled w/ his SSN, so he was enrolled with a J# instead.  This note was inputted on 7/9/10.

Thanks!

Annette Jang
Sales Assistant
Small Group Sales (2 – 50)
CA Lic #0F57331

blue shield of california
2175 North California Blvd. Suite 250
Walnut Creek, CA 94596

[Note: this totally contradicts what Jenette said.]

2010.8.30 - benefits admin gets clarification from Blue Shield

From: Brian _____ [mailto:brian._____@baypointbenefits.com]
Sent: Monday, August 30, 2010 4:00 PM
To: Jang, Annette
Subject: Fwd: Delta Coverage?

Annette,

How is this possible? His SSN was never supposed to be on his account when we set <current employer redacted>'s benefits up. Please advise.

Brian P. _____
Managing Director
BayPoint Benefits

Sent from my PDA

2010.8.30 - LONG call to Delta Dental

Spoke to a rep at Delta Dental at 4pm on monday 8.30, and spent quite a while expressing my exasperation. I asked for someone at Delta to have a conference call or email discussion with Trinet to explain to them how to update my account even though I'm no longer with Zendesk.

He explained that Trinet has a client services department who actually handles the interface with Delta. I insisted that someone at Delta had to know a definitive answer on how records are updated for inactive employees.

He transferred the call to a manager named Heidi. She was very nice but didn't seem to understand my emphasis on getting the SSN completely removed, particularly from my the Trinet/Zendesk record.

He transferred me to a manager named Heidi. She told me there's nothing she can do, and I should contact Trinet and ask who their account manager is, and then have that person handle this.

2010.8.30 - trying to reach Tammy at Trinet

2010.8.30 3:35pm

Wilma answered and went to look for Tammy. Said she wasn't at her desk but was in the office. I said I would call back in 15-30 minutes, but I couldn't because I ended up on the phone with delta dental for nearly an hour.

2010.8.30 - I don't know who to believe

from  Clay Shentrup <clay@<current employer redacted>.com>
to  Brian _____ <brian._____@baypointbenefits.com>
cc  <office manager's info redacted>
date  Mon, Aug 30, 2010 at 3:56 PM
subject Re: Delta Coverage?

Brian,

I just spoke with an agent at Blue Shield named Jenette, whose extension is 6307. She says they do have my SSN linked to my account, and it's coming from <current employer redacted>, not from Trinet at my previous employer. She said that removing my SSN requires a call to their group service department at
800.559.5905.

Could you please clear this up with her? Thanks.

Clay

2010.8.26 - triet to call Tammy at Trinet

Spoke with Irene at Trinet at 1:25pm on Thursday 8.26. Irene said Tammy was away from her desk and she would have her call me back. She said she'd even put a sticky note in her view.

2010.8.19 - checking in with Tammy after not hearing back for 2 1/2 weeks

from  Clay Shentrup
to  Clay Shentrup <clay@zendesk.com>
date  Thu, Aug 19, 2010 at 22:58
subject Re: Per Tammy Wadsworth's request, case# ______ -- Fwd: question
 
Tammy,

I just wanted to check on the status of things. Our last talk was on Monday August 2nd, ending around 4:40pm. We discussed the matter of who is responsible for updating my account to remove the SSN. My insurance company says Trinet must do it, but your understanding (as I understood it) was that Trinet cannot update closed accounts. You said you would look into this.

As I said, I would be happy to set up a conference call with a representative from Trinet and one from my insurance provider to definitively sort this out. Whatever I can do to facilitate solving this problem I am happy to do.

Thank you,
Clay Shentrup

2010.8.2 - spoke with Tammy at Trinet

Spoke to Tammy at Trinet on Monday 2010.8.2 for a few minutes, after talking to a rep for about 20 minutes. Got off the phone at 4:40pm. I asked Tammy to put a rep from Trinet in touch with a rep from Delta to sort this issue out, and get back to me with a definitive answer on whose court this is in, and who I need to deal with to resolve this issue.

She said she would look into it to give me some definitive answer.

2010.8.2 - benefits admin does his best to help

from  Brian _____ <brian._____@baypointbenefits.com>
to  Clay Shentrup <clay@<current employer redacted>.com>
cc  <office manager's info redacted>
date  Mon, Aug 2, 2010 at 4:02 PM
subject Re: Delta Coverage?

I spoke with Azeb _____ at Allied Administrators.  Since your company has less than 50 employees, <current employer redacted> could not set a plan up with Delta directly.  Rather you need to work with the Delta administrator.  In San Francisco there are two – CoPower and Allied Administrators.

Employees can call Delta directly and/or Allied Administrators with any service-related questions.  Because I am not the broker for Trinet’s plan (Trinet is the actual broker), they would need to request that your SSN be eliminated from the system.  Allied did not take your SSN from the CA DE-6, it was given to Delta when you were on the Trinet plan.

This email can be printed and saved as confirmation that Allied Administrators (who we set up the plan and who services the plan) does not have your social security number.

Please advise on how I can further assist you.

Brian

2010.8.2 - conflicting information

from  Clay Shentrup <clay@<current employer redacted>.com>
to  Brian _____ <brian._____@baypointbenefits.com>
cc  <office manager's info redacted>
date  Mon, Aug 2, 2010 at 3:58 PM
subject Re: Delta Coverage?

Brian,

Thanks for checking into this. Can you tell me who you spoke with at Delta, because this contradicts their previous explanation when I called them on the 30th.

Clay

2010.8.2 - yup, you have to go talk to Trinet

from  Brian _____ <brian._____@baypointbenefits.com>
to  Clay Shentrup <clay@<current employer redacted>.com>
cc  <office manager's info redacted>
date  Mon, Aug 2, 2010 at 3:00 PM
subject Re: Delta Coverage?

Yep, that is exactly how they have it.  We never gave it to them, it was loaded through your previous group (via Trinet).  I asked to have it completely wiped and they said that I could not request that since I do not have the authority, only Trinet/your previous employer does.  We use Allied Administrators of Delta Dental (since your company has less than 50 employees) and they administer your Delta.  They have no record of your SSN.  Delta Direct has is because Trinet went directly to them with that info.  When Delta pulls your info, they can see all of your history (employers, etc.).

Brian

2010.8.2 - response to benefits administrator

from  Clay Shentrup <clay@<current employer redacted>.com>
to  Brian _____ <brian._____@baypointbenefits.com>
cc  <office manager's info redacted>
date  Mon, Aug 2, 2010 at 2:55 PM
subject Re: Delta Coverage?

Yes, but a Delta rep said that my prior administrator (Trinet) was using a dummy number. I had her double and triple check that, since I almost didn't believe it (I've been fighting with Trinet since December to get them to do a record update, so I thought they were refusing for some unknown reason).

The agent's name was Lynn, and her agent ID was 1093. I called her on July 30, at 800.765.6003.

Clay

2010.8.2 - beneits admin checks in with me

from  Brian _____ <brian._____@baypointbenefits.com>
to  clay@_____.com
cc  <office manager's info redacted>
date  Mon, Aug 2, 2010 at 2:46 PM
subject Delta Coverage?

Clay,

Did you have Delta Dental prior to <current employer redacted>?

Brian Patrick _____
Managing Director
BayPoint Benefits | Employee Benefit Solutions, Risk Management & Strategic HR

2010.8.2 - it's the last employer's fault; i.e. go talk to Trinet again

From: Azeb _____ <a_____@alliedadministrators.com>
Date: Mon, 2 Aug 2010 14:48:16 -0700
To: Brian _____ <brian._____@baypointbenefits.com>
Subject: <redacted>

I don't have the authority to do that.  Because it was entered with the
previous group plan they had, not through Allied Administrators.

Thanks,

Azeb _____
Account Coordinator
Allied Administrators

2010.8.2 - how can the SSN be purged?

From: Brian _____ [mailto:brian._____@baypointbenefits.com]
Sent: Monday, August 02, 2010 2:47 PM
To: Azeb _____
Subject: <redacted>

He wants the SSN completely out of their system.  How would this happen?

2010.8.2 - carrier clarifies (or so it seems)

On 8/2/10 2:33 PM, "Azeb _____" <a_____@alliedadministrators.com> wrote:

He was in Delta's system previously under his SS#, but it cancelled.  He is
only active under the Dummy SS# under this plan.

Thanks,

Azeb _____
Account Coordinator
Allied Administrators

2010.8.2 - benefits admin needs more clarification from carrier

From: Brian _____ [mailto:brian._____@baypointbenefits.com]
Sent: Monday, August 02, 2010 2:26 PM
To: Azeb _____
Subject: Re: _____ Inc

He mentioned to me that Delta has both his SSN and the dummy SSN.  Can you
please clarify? He called them and they confirmed this.

Brian

2010.8.2 - benefits agent response to benefits administrator

On 8/2/10 2:17 PM, "Azeb _____" <a_____@alliedadministrators.com> wrote:
Hi Brian

My weekend was great.  Hope yours was too.

I just realized this guy already has a dummy SS# 986-64-7917.

Thanks,

Azeb _____
Account Coordinator
Allied Administrators

2010.8.2 - benefits administrator does some detective work

From: Brian _____ [mailto:brian._____@baypointbenefits.com]
Sent: Monday, August 02, 2010 10:21 AM
To: a_____@alliedadministrators.com
Subject: <redacted>

Azeb,

I hope you had a great weekend! Any update with getting Clay's SSN
replaced with an ID number?

Brian P. _____
Managing Director
BayPoint Benefits

2010.7.30 - office manager responded

From: Brian _____ <brian._____@baypointbenefits.com>
Date: July 30, 2010 2:45:45 PM PDT
To: <office manager's info redacted>
Subject: Re: Clay's Social Security Number

Let me resolve this. It seems that Allied transposed the SSN from the CA DE-6 that was provided. Unlike Blue Shield, Allied uses the SSN as the actual ID number. Will be in touch shortly and am treating this as a priority as I know this is a very sensitive issue. Thanks!

Brian P. _____
Managing Director
BayPoint Benefits

2010.7.30 - office manager contacted current employer's benefits admnistrator

On Jul 30, 2010, at 2:10 PM, <office manager info redacted> wrote:

Hello Brian,

Clay Shentrup spoke with Delta Dental today and they have his social security number on file.  He explicitly stated in his paperwork and verbally to you (I believe) that they should not have access to this number. Do you know how they received this number? Also, when he called to get it removed, they said he needs confirmation from his employer- can you handle this?  Or who do I need to call?  Thanks-

2010.7.30 - called Lynn at Delta Dental

Called lynn (agent #1093) at Delta Dental at 800.765.6003.

She told me to contact client services for Delta Dental (at 415.977.7955) and state that i want my SSN out of their system, replaced with ID#.

Date Unknown (probably 2010.7.19) - spoke with Pam Higgins at Delta Dental

Pam Higgins said she will have client services check into Delta Dental's having my SSN. Said to call her back end of week at 916.861.2373 if I still haven't heard back from her.

I'm not sure how many times I've attempted to contact her, but I've called her on at least the following dates:

7/30/10 1:48 PM 4 weeks ago 1 minute long
7/21/10 2:16 PM 5 weeks ago 1 minute long
7/21/10 2:15 PM 5 weeks ago 1 minute long
7/19/10 2:53 PM 6 weeks ago 1 minute long

2010.7.12 - contacted Tammy at Trinet

from  Clay Shentrup
to  employees@trinet.com
cc  dana.young@trinet.com
date  Mon, Jul 12, 2010 at 10:52
subject Re: case# ______ -- Fwd: question
 
Tammy,

I just spoke with my insurance carriers. While Blue Shield was able to manually purge my record of my SSN, a supervisor at Delta Dental says they will probably require that Trinet perform a record update. She is looking further for a definitive answer, and will confirm by week's end.

Regards,
Clay Shentrup

2010.7.12 - called Blue Shield

Called Blue Shield of California at 9:40am on 2010.7.12. Spoke to a representative named Laura, who was argumentative and belittled my issue. (Basically she asked for me to justify why I wanted my SSN to be private, rather than just respecting my request.)




She said she would transfer me to her supervisor's voice mail, but after being on hold for a bit, I was disconnected.

I called right back and got a more helpful representative. I left a message with Marsha McDonald about my problem.

2010.7.9 - thanked Tammy at Trinet

from  Clay Shentrup
to  employees@trinet.com
cc  dana.young@trinet.com
date  Fri, Jul 9, 2010 at 16:55
subject Re: case# ______ -- Fwd: question
 
Tammy,

Thanks for getting back to me promptly. I'll check into this with my carriers to make sure they require nothing further from Trinet in order to purge that information from my records.

Regards,
Clay Shentrup

2010.7.9 - Trinet claims they can't update closed accounts

from  employees@trinet.com
to  Clay Shentrup
cc  dana.young@trinet.com
date  Fri, Jul 9, 2010 at 15:30
subject Re: case# ______ -- Fwd: question
 
Dear Clay Shentrup:

We only send eligible and covered employee data to our carriers.   When an employee terminates with TriNet and/or terminates their coverage, they no longer appear on our vendor files to the carriers.  The carriers will sync our data with theirs and add or remove particpants as warranted. I cannot advise as to whether or not they "purge" data as you put it.

Regards,

Tammy Wadsworth
TriNet Solution Center Advocate

2010.7.9 - spoke with Wonda at Trinet

2010.7.9 about 12:55PM

Placed a call to Trinet. Wonda answered and said that there's no new information.

I explained that the statement that insurance companies required my SSN was both wrong, and had nothing to do with my issue; I understand why the SSN was originally given to the carriers, but I'm asking for a record update after the fact, and there's no reason they can't do that.

Wonda's tone changed a bit to be a little friendlier when I explained to her that I've already said these things in emails directly to Dana and Tammy. She said she's noted my concerns. I thanked her.

2010.7.8 - trying to get a straight answer out of Tammy

from  Clay Shentrup
to  employees@trinet.com
cc  dana.young@trinet.com
date  Thu, Jul 8, 2010 at 17:08
subject Re: case# ______ -- Fwd: question

Tammy,

Great. Can you please tell me how long it will take to update my records with both insurance companies in order to purge them of my SSN?

Thank you,
Clay

2010.7.8 - totally unhelpful response from Tammy at Trinet

from  employees@trinet.com
to  Clay Shentrup
cc  dana.young@trinet.com
date  Thu, Jul 8, 2010 at 15:22
subject Re: case# ______ -- Fwd: question

Hello Mr. Shentrup:

If you are not going to be electing COBRA under TriNet then I agree, this is a moot point.  TriNet's policy, as directed by our benefit carrier contracts, requires that we collect SSN's for actively enrolled participants.

Thank you,
Tammy

2010.6.30 - correcting Tammy; carriers DO NOT need my SSN

from  Clay Shentrup
to  employees@trinet.com
cc  Dana.Young@trinet.com
date  Wed, Jun 30, 2010 at 23:44
subject Re: case# ______ -- Fwd: question
 
Tammy,

You say "as required by the benefit carriers". Both of my insurance companies (health and dental) have explained that they do not require my SSN, and can use a blank or "dummy" SSN. All this requires of Trinet is to do a record update push to their systems.

Can you please tell me why this option is not being used? I asked in a recent email, but received no response. If I need to get my insurance companies to send you an official letter explaining that this acceptable, I'll be happy to do so immediately.

Also, I am not enrolled in benefits through Trinet. I have changed jobs, and my policy should have terminated at the end of May 2010. So even if it was the case that revoking my SSN from the insurance carriers' systems meant termination of my coverage, that would be a moot point.

Regards,
Clay Shentrup
206.801.0484

2010.6.30 - Tammy incorrectly claims that the carriers need my SSN

from  employees@trinet.com
to  thebrokenladder@gmail.com
date  Wed, Jun 30, 2010 at 23:23
subject Re: case# ______ -- Fwd: question

Hello Mr. Shentrup,

If you want to be enrolledin benefits through TriNet your SSN will continue to be used as required by the benefit carriers.

Regards,

Tammy Wadsworth
Manager, Solution Center

Thank you for contacting the TriNet Employee Solution Center.

If you have additional questions, please contact the TriNet Solution Center at 1-800-638-0461.

Sincerely,
Tammy Wadsworth
TriNet Solution Center Advocate

2010.6.28 - addendum to previous "one last check-in"

from  Clay Shentrup
to  employees@trinet.com
cc  dana.young@trinet.com
date  Mon, Jun 28, 2010 at 22:47
subject Re: case# ______ -- Fwd: question

Tammy,

In addition to my previous email, could you please clarify why this is even being escalated to the legal department in the first place. Your prior explanation actually seems to acknowledge that there is no legal requirement to report my SSN to my insurance providers. You said:

"I have confirmed with both Dana Young and our Benefit Compliance Team that TriNet is acting in accordance with expected rules and regulations set forth by our Benefit Carriers. In summary, it is the Benefit Carrier who is required to report to the CMS under this act not TriNet however, the Carriers are requiring us to assist them with data collection."

As I have mentioned, both of my insurance carriers acknowledge that they have no legal need for my SSN, and advise that Trinet may push a record update with a dummy or blank SSN.

Further, a "requirement" from your carriers to have my SSN is not legally binding, and does not allow you to disclose that information without my permission.

In closing, I am expressly requesting that Trinet remove my SSN from the records of my insurance providers as soon as possible.

Thank you,
Clay Shentrup

2010.6.28 - "one last check-in" with Tammy at Trinet

from  Clay Shentrup
to  employees@trinet.com
cc  Dana.Young@trinet.com
date  Mon, Jun 28, 2010 at 22:05
subject Re: case# ______ -- Fwd: question
 
Tammy,

I need to check one last time before proceeding to hire an attorney. Will Trinet comply with my request to remove my SSN from my records with my health and dental companies? If I cannot be assured that this will be done by COB Wednesday June 30, I will be resorting to an legal action as soon as possible thereafter.

Thank you,
Clay Shentrup

2010.6.15 - thanked Tammy at Trinet & warned of impending legal action

from  Clay Shentrup
to  employees@trinet.com
date  Tue, Jun 15, 2010 at 19:15
subject Re: case# ______ -- Fwd: question

Tammy,

Thank you. Please let them know that I'll be consulting with an attorney if this isn't addressed by the end of the month.

Regards,
Clay

[Note: some time after sending this, a friend who is an attorney advised me to only pursue legal action if I have exhausted every other possible resource, as the cost and time involved would be immense, hence I have tentatively delayed it as of this writing on 2010.8.31.]

2010.6.7 - Tammy at Trinet says they'll escalate to legal

from  employees@trinet.com
to  Clay Shentrup
cc  dana.young@trinet.com
date  Mon, Jun 7, 2010 at 09:36
subject Re: case# ______ -- Fwd: question
 
Hello Clay,

I will escalate this most recent reply to our Legal Department for additional review.

Regards,

Tammy Wadsworth

2010.6.5 - trying to make Trinet grok MMSEA

from  Clay Shentrup
to  employees@trinet.com
cc  Dana.Young@trinet.com
date  Sat, Jun 5, 2010 at 13:49
subject Re: case# ______ -- Fwd: question
 
Tammy and Dana,

Both of the attached documents contain additional references to section 111, which it has already been established does not apply to me, because I meet none of the reporting criteria set up by the CMS. It is not clear to me what relevance they have.

Your previous email states:

"I have confirmed with both Dana Young and our Benefit Compliance Team that TriNet is acting in accordance with expected rules and regulations set forth by our Benefit Carriers. In summary, it is the Benefit Carrier who is required to report to the CMS under this act not TriNet however, the Carriers are requiring us to assist them with data collection."

First, as I explained 4-5 months ago, the carriers will allow Trinet to push a record update containing a blank or dummy SSN. Why is that option not being pursued?

Second, the regulations of benefit carriers are of course not law. They do not give Trinet the authority to release my information to them without my consent. Prior to even signing up for my coverage, I contacted Trinet and clearly expressed that I did not want my SSN disclosed to the benefit carriers. I have concrete documentation of this. Therefore it appears to me that releasing my SSN to the carriers was an illegal breach of confidentiality.

I am willing to drop this entire issue if Trinet will simply retroactively fix the problem with the dummy SSN update, which was proposed by my benefit carriers themselves, and which is exactly what has been done at my previous employers.

If Trinet refuses to do this, I will pursue every last legal recourse for the initial breach of confidentiality. That begins complaints to the California Department of Insurance, as well as various privacy advocacy organizations such as the Electronic Frontier Foundation. Additionally, I will consult an attorney and attempt legal action.

As I hope you've seen by now, I'm a persistent individual. I will pursue this issue even if it costs me years of time, and many thousands of dollars. Wouldn't it be quite a bit easier for all involved if Trinet would simply comply with the recommendations of the benefit carriers themselves, and fix the problem?

Regards,
Clay Shentrup

2010.5.28 - Tammy at Trinet re-references (totally irrelevant) Section 111

from  employees@trinet.com
to  Clay Shentrup
date  Fri, May 28, 2010 at 13:57
subject Re: case# ______ -- Fwd: question

Hello Clay,

Here are the attachments I referenced in my last reply.  I apologize they did not come through for you originally.

Thank you!
Tammy Wadsworth

The attached documents were:
http://www.cms.gov/MandatoryInsRep/Downloads/RevisedCollectionSSNEINs.pdf
http://www.cms.gov/MandatoryInsRep/Downloads/AlertToEmployers050609.pdf

2010.5.22 - Setting Tammy/Trinet straight on Section 111 *AGAIN*

from  clay shentrup
to  employees@trinet.com
date  Sat, May 22, 2010 at 23:10
subject Re: case# ______ -- Fwd: question
mailed-by gmail.com
 
Tammy,

Previously, TriNet specifically claimed that the basis for collecting the SSN was a particular amendment to the legal code, from 2007. As that law does not apply to me, I need to know what the legal basis is for you to be disclosing confidential information (my SSN) to them without my consent. There were no attachments to your email, but if you have attachments which describe any other laws which do apply to me, I'd be happy to read them.

If Trinet is unwilling to comply with my repeated requests, I will have no other option but to pursue legal action. Trinet's inability to provide me with any legal justification for their refusal to comply with my repeated requests (well documented, spanning more than five months thus far) would not seem to bode well in such a scenario. My insurance providers have stated that Trinet may push a record update containing an empty or "dummy" SSN, and that solution would seem to be far cheaper and easier for Trinet (and me).

Regards,
Clay Shentrup

2010.5.22 - Tammy/Trinet don't understand Section 111 of MMSEA

from employees@trinet.com
to  Clay Shentrup
date  Sat, May 22, 2010 at 22:21
subject Re: case# ______ -- Fwd: question

Hello Clay,

I have confirmed with both Dana Young and our Benefit Compliance Team that TriNet is acting in accordance with expected rules and regulations set forth by our Benefit Carriers.  In summary, it is the Benefit Carrier who is required to report to the CMS under this act not TriNet however, the Carriers are requiring us to assist them with data collection.  The Carriers are responsible for discerning what population is to be included on their file to the CMS and to help them ensure they have all potential data needed they are requiring TriNet, and other employers, to obtain specific data, including social security numbers.  I have attached a couple of articles outlining these expectations for your reference.

I trust this information addresses your concerns with regard to why TriNet is obtaining social security numbers for our benefit participants and am therefore closing this case.

Thank you again for your time and patience as we worked through your questions and concerns.

Regards,

Tammy Wadsworth
Service Delivery Manager

2010.5.20 - check in with promised answer from Tammy at Trinet

From : Shentrup, Clay
Date  : 2010-05-20-14.14.39.000000
Subject: Re: case# ______ -- Fwd: question

Tammy,

I did not receive any update last week as I was told I would.

Also, all future correspondence should go to this (my personal) email address.

Thanks,
Clay

2010.5.12 - response from Tammy at Trinet

From:  <employees@trinet.com>
Date: Wed, May 12, 2010 at 9:05 AM
Subject: Re: case# ______ -- Fwd: question
To: clay@zendesk.com
Cc: Dana.Young@trinet.com

Hello Clay,

Dana and I met with a member of our Benefits Compliance team to advocate your position on this topic and we have requested additional clarity and support from our Legal department if needed to ensure we are providing you the most accurate documentation in support of your inquiry.

We appreciate your continued patience and will provide you an update before the end of this week.

Thank you!

Tammy Wadsworth
Service Delivery Manager

2010.5.8 - check in with Tammy at Trinet

From : Shentrup, Clay
Date  : 2010-05-08-20.17.31.000000
Subject: Re: Per Tammy Wadsworth's request, case# ______ -- Fwd: question

Thanks Tammy,

Has there been any progress on this issue since April 29th?

Regards,
Clay

2010.4.29 - first email response from Tammy Wadsworth at Trinet

On Thu, Apr 29, 2010 at 5:43 PM, <employees@trinet.com> wrote:

Dear Clay Shentrup:

Thank you again for your time yesterday and for sending me this information.  I also received an update from Dana Young indicating that you two connected.  Dana and I will be following up with our compliance team for additional clarity and get back with you.

Regards,
Tammy Wadsworth
Service Delivery Manager

2010.4.28 - spoke with Tammy Wadsworth

Spoke to Tammy Wadsworth, who asked me to forward my original correspondence with Dana to her. I did so immediately:

============ORIGINAL MESSAGE =================
From : Shentrup, Clay
Date  : 2010-04-28-16.47.31.000000
Reply to: clay@zendesk.com
Subject: Per Tammy Wadsworth's request, case# 643952 -- Fwd: question

[entire preceding correspondence with Dana et al was included]

2010.4.20 - spoke with Sarah at Trinet (escalated to Tammy Wadsworth)

Spoke with an agent named Sarah. She escalated the issue to her manager, Tammy Wadsworth. Sarah could not give me an ETA on hearing back, but she said she would relay my frustration to Tammy, and would ask Tammy to call me with an update when she could.

2010.4.13 - checked in with Deitra at Trinet

Deitra (a specialist) says she's looking into it and will call me right back with an ETA. [As I recall, she sever called me back.]

2010.4.5 - spoke with Deitra at Trinet

Spoke with Deitra [at Trinet] just now and she says the person on my case is in training (assuming that's Dana). So she'll talk to her manager to try to escalate it.

2010.3.30 - spoke with Wonda Mealey at Trinet

Spoke with Wonda Mealey at Trinet for about 8 minutes. She gave me the case id number and I reiterated what I sent to Dana.

2010.3.30 - Section 111 DOES NOT apply to me

From: Clay Shentrup <clay@zendesk.com>
Date: Tue, Mar 30, 2010 at 12:06 PM
Subject: Re: question
To: "Young, Dana" <Dana.Young@trinet.com>

Dana,

I have confirmed that Section 111 of S. 2499 does not apply to me, as I am under 45 and am not known to be entitled to Medicare. Here's a release directly from the Centers for Medicare and Medicaid Services, which specifically states the criteria for reporting -- which is reflects exactly what I was told by an agent named Victoria at Blue Shield.

For purposes of Section 111 reporting, active covered individuals are:

All individuals covered in a GHP age 45 through age 64 who have coverage based on their own or a family member¿s current employment status.

All individuals covered in a GHP age 65 and older who have coverage based upon their own or a spouse's current employment status.

All individuals covered in a GHP who have been receiving kidney dialysis or who have received a kidney transplant, regardless of their own or a family member's current employment status.

All individuals covered in a GHP who are under age 45, are known to be entitled to Medicare [which I, Clay Shentrup, am definitely not], and have coverage in the plan based on their own or a family member¿s current employment status. When reporting on these under age 45 individuals, you must submit their Medicare Health Insurance Claim Number (HICN).

-- Here's a PDF of this, direct from cms.hhs.gov
http://www.cms.hhs.gov/MandatoryInsRep/Downloads/GHPDataElements.pdf

Furthermore, the letter I received states that Blue Shield has instructed you that they require the SSN. This information is incorrect or out of date. As I said in a previous email, I have exhaustively checked with Blue Shield about this, and they have even replaced my SSN with my "J number". Here's what I said in a previous email.

Victoria (ext 6145) at Blue Shield, says that they can and often do use alternate numbers in place of SSN's. She said there is actually a recent law (I don't know the exact name of the law) that stipulates subscribers do not have to use their SSN. She is going to see whether they can just manually change it without requiring a push from Trinet. But if I push from Trinet is necessary, it sounds like that is perfectly acceptable to them.

I have spent a great deal of time on this issue for the past 3 months, and I believe I've conclusively shown that the cited law does not apply to me, by citing an official government document which clearly states the applicable criteria. Therefore I believe it is not mutually exclusive that my coverage continue and Trinet removes my SSN from all health insurance company records via a record update. I would like to have this resolved by week's end if at all possible. I feel I have waited long enough.

Thanks for your time and considerable help in all of this.

Regards,
Clay Shentrup

2010.3.30 - Dana at Trinet says they won't cancel my policy

On Tue, Mar 30, 2010 at 10:50 AM, Young, Dana <Dana.Young@trinet.com> wrote:

Hi Clay,

Please take comfort in knowing that we will not be cancelling your policy as a result of my e-mail and letter to you.

In Kind,
Dana

2010.3.30 - Trinet, don't cancel my policy!

From: Clay Shentrup
Sent: Tuesday, March 30, 2010 1:30 PM
To: Young, Dana
Subject: Re: question

Dana,

I researched the claims in the attached letter. First let me say that I have no intention of canceling my policy. I am simply requesting that Trinet not disclose my Social Security Number to third parties, such as health insurance providers, unless Trinet can verify that this is legally necessary. I am still not convinced that it is, and I am continuing to investigate this.

This should in no way be construed as a request to terminate my policy.

I'll also call the number included in the letter to reiterate that.

Regards,
Clay

2010.3.30 - contacted Medicare

Spoke with Lisa Long at Medicare on 2010.3.30 at 10:30am. She said she'd refer the case to a specialist.

2010.3.30 - setting Trinet straight about Section 111 of MMSEA

On Tue, Mar 30, 2010 at 8:30 AM, Clay Shentrup <clay@zendesk.com> wrote:

Dana,

The text of Section 111 is:

Requires any entity serving as an insurer or third party administrator for a group health plan, as well as the administrator or fiduciary of any self-insured, self-administered group health plan, to:

(1) secure from the plan sponsor and plan participants information necessary to identifying situations where the group health plan is or has been a primary plan to the Medicare program; and
(2) submit such information to the Secretary. Requires an applicable plan to determine:

(1) whether a claimant is entitled to Medicare benefits on any basis; and
(2) submit specified information about any entitled claimant to the Secretary. Establishes civil money penalties for enforcement.

I don't see anything about the SSN per se, but I'll investigate further exactly what this means. I'll be calling the Social Security Administration today, or whatever government agencies can provide clarification on this.

Thanks,
Clay

2010.3.30 - Trinet invokes Section 111 of MMSEA

On Tue, Mar 30, 2010 at 7:01 AM, Young, Dana <Dana.Young@trinet.com> wrote:

Hi Clay,

I do apologize for the delay, but I wanted to be able to provide you with some information. TriNet is required to provide the Social Security Number (SSN) to our benefit carriers, per Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007 which created a mandatory data exchange between medical carriers and Medicare. One of the required data elements in this exchange is a Social Security Number (SSN) for each plan member.

I have attached a letter for your records and review that goes into more detail about this. [The attached PDF essentially just says that Trinet is acting in accordance with Sec 111 of the aforementioned MMSEA of 2007.]

Regards,
Dana

2010.3.22 - check in with Dana at Trinet

From: Clay Shentrup
Sent: Monday, March 22, 2010 7:44 PM
To: Young, Dana
Subject: Re: question

Dana,

I wanted to find out more about the status of this issue. It has been almost 3 months now, and based on the agents at the insurance companies have told me, there's no reason they need my SSN. I'd like to get that information pulled from their systems as soon as possible.

Thanks,
Clay

2010.3.9 - gave agent info to Dana at Trinet

On Tue, Mar 9, 2010 at 5:00 PM, Clay Shentrup <clay@zendesk.com> wrote:

Dana,

Victoria (ext 6145) at Blue Shield, says that they can and often do use alternate numbers in place of SSN's. She said there is actually a recent law (I don't know the exact name of the law) that stipulates subscribers do not have to use their SSN. She is going to see whether they can just manually change it without requiring a push from Trinet. But if I push from Trinet is necessary, it sounds like that is perfectly acceptable to them.

Marida C., at Delta Dental, also mentioned this law that says subscribers don't have to use the SSN. She says it is not unheard of for people to do this, and Trinet is free to call them and confirm this at 800.765.6003. This would require a data push from Trinet.

Clay

2010.3.9 - response from Dana at Trinet

On Tue, Mar 9, 2010 at 11:54 AM, Young, Dana <Dana.Young@trinet.com> wrote:

Clay,

I don't think it would hurt to send those to me.

Thank you,
Dana

2010.3.8 - "thank you" response to Dana at Trinet

From: Clay Shentrup
Sent: Monday, March 08, 2010 1:44 PM
To: Young, Dana
Subject: Re: question

Thanks Dana.

If it is useful to them, I have the contact information of the agents for both insurance companies, who can confirm that they do not need my SSN.

Regards,
Clay

2010.3.4 - response from Dana at Trinet

On Thu, Mar 4, 2010 at 2:43 PM, Young, Dana <Dana.Young@trinet.com> wrote:

Hi Clay,

I sent the details to the benefits group with the details you have provided. I have not heard back, but I will follow-up with them to see if we can get a resolution to this matter.

Regards,
Dana

2010.3.1 - request for status update from Dana at Trinet

From: Clay Shentrup
Sent: Monday, March 01, 2010 3:12 PM
To: Young, Dana
Subject: Re: question

Dana,

Could you please give me an update on the status of my SSN issue? The last time you spoke, you indicated that the insurance companies "required" my SSN, but as I said, agents with both companies told me that was actually not correct. In fact, Blue Shield went ahead and changed me over to using my policy number instead. However, if something is not done on your end, I fear that my SSN may be re-pushed if there is ever again any sort of update to my record. Also, Delta Dental will not update the record until it is pushed to them by Trinet, so action is required on your end.

I feel I have been extremely patient in this ordeal. I initially wrote back in December, before even signing up for my benefits. It has been nearly 3 months, and I have seen no resolution, nor any explanation as to why this should pose any problem or why a resolution has taken so long. As the insurance representatives have explained, this is a straightforward process, of simply updating my record and pushing it to them. Some timely feedback, and ideally a fix of the problem, would be very much appreciated.

Regards,
Clay Shentrup