Policy/Memo 58r1

Number: Policy Memo 58r1
Date Issued: March 20, 1992
Date Revised: November 2, 1999
Policy File Ref: A410
Subject: Internal Policies

ISSUE:

Address the security and privacy implications of requests for enrollment file changes by telephone and other electronic methods.

Background:

Often, people call the Program Services Unit to report address changes or other changes to the enrollment file. Many find it more convenient and less expensive to call in a change rather than send the Division a written request. Taking an address change over the telephone is also easier for EBD staff than providing instruction on mailing the change and handling the change again when it is received.

The original issue of this Policy Memo allowed address changes by telephone as long as the caller had some basic information. Over the years, privacy concerns have mounted and EBD no longer accepts changes to the address file by telephone. However, the increased use of the Internet opens the possibility of verifiable electronic communication which is faster than written communication. The policy needs to be changed to reflect current practices and broader concerns.

Policy:

Changes to the enrollment file will only be made upon receipt of the signed, written request of the enrollee or the enrollee's legal representative. The Electronic Signatures and Records Act (Article I) of the State Technology Law allows State agencies to accept electronic submissions which include electronic signatures with the same validity as documents with written signatures. If the Department decides to accept electronic signatures, electronic submissions (e.g. e-mail, fax) with an electronic signature will be acceptable if they conform to the minimum standards for electronic signatures under the State Technology Law and its supporting regulations. Power of attorney will not be accepted via electronic means pursuant to the State Technology Law.

Requests must be made to the HBA or to EBD as appropriate for the enrollee's status in NYSHIP. In the case of active enrollees, a signed PS-404 will be considered a written request.