A recent case heard by the Nebraska District Court in Seger v Tank Connection may help insurers obtain a claimant's personal information. CMS has repeatedly said during Non Group Health Plan policy teleconferences that a claimant cannot be compelled by an RRE to provide either their SSN or HICN.  They have suggested that the RRE attempt to obtain the claimant's personal information, but if they fail they should resort to keeping on file a signed copy of the Model Letter posted on the CMS web site.

In the past CMS had asserted that a beneficiary was required by statue to provide their HICN; however, that assertion was withdrawn during the  August 25th town hall meeting.  The beneficiary is only required to release that information to CMS and its contractors (refer to C.F.R § 411.24).

In Seger v Tank Connection the court found that "Although the Extension Act [Section 111] does not require this information be submitted to CMS until after a final settlement or judgment is issued, there is no harm to the plaintiffs in providing the information sooner." and that "Mr. Seger [plaintiff] has not met his burden of proving that providing the requested information is unduly burdensome. To the contrary, he has simply refused to provide the information. As Mr. Seger will be required to provide the requested information eventually, and as providing the information could reasonably bear on the issues in the case, the court finds Mr. Seger should respond to Interrogatories Nos. 4 and 9 [Providing privacy information including SSN and HICN] to the extent he must provide identifying information along with either his Medicare Health Insurance Claim Number or his Social Security Number in order that Roundtable's insurance company [defendant's insurer] may comply with the Extension Act."