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."