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.

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.

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.