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