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SSA | RIN: 0960-AI04 | Publication ID: Fall 2018 |
Title: References to Social Security and Medicare in Electronic Communications | |
Abstract:
Section 814 of the BBA clarifies that electronic and internet communications are included in the prohibitions against misusing SSA’s names, symbols, and emblems to convey the false impression that such items are approved, endorsed, or authorized by SSA, as stated in section 1140 of the Social Security Act. For those misusing SSA's names, symbols, and emblems, it treats each dissemination, viewing, or accessing of a communication as a separate violation. |
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Agency: Social Security Administration(SSA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Fully or Partially Exempt | |
CFR Citation: 20 CFR 498 | |
Legal Authority: Bipartisan Budget Act of 2015 (BBA), sec. 814 42 U.S.C. 1320b-10 |
Legal Deadline:
None |
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Statement of Need: Section 814 of the BBA took effect upon enactment. However, our regulations do not currently reflect this statutory change. Imposing penalties against persons who commit consumer fraud deters fraud and maintains the integrity of SSA programs. The regulations at 20 CFR Part 498 should be updated to reflect the BBA’s Section 814 provisions. |
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Summary of the Legal Basis: The legal basis for this action is section 814 of the Bipartisan Budget Act of 2015, which went into effect on November 2, 2015. 42 U.S.C. 1320b-10 |
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Alternatives: None |
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Anticipated Costs and Benefits: There are no anticipated costs associated with this regulatory action. However, the benefit of this regulatory action is that it will clarify the applicability of section 1140 to electronic and internet communications and minimize unnecessary litigation as to the applicability of the section 1140 statute. |
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Risks: None. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Ranju Shrestha Chief Counsel to the Inspector General Social Security Administration 6401 Security Boulevard, Woodlawn, MD 21235 Phone:410 966-4440 Email: ranju.shrestha@ssa.gov |