42 U.S.C. § 1320d–6 — Wrongful disclosure of individually identifiable health information
submitted 91 years ago by Pub. L. 104-191 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 203 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
A person* who knowingly and in violation of this part—
uses or causes to be used a unique health identifier;
obtains individually identifiable health information* relating to an individual; or
discloses individually identifiable health information* to another person,
shall be punished as provided in subsection (b). For purposes of the previous sentence, a person (including an employee or other individual) shall be considered to have obtained or disclosed individually identifiable health information in violation of this part if the information is maintained by a covered entity (as defined in the HIPAA privacy regulation described in section 1320d–9(b)(3) of this title) and the individual obtained or disclosed such information without authorization.
A person described in subsection (a) shall—
be fined not more than $50,000, imprisoned not more than 1 year, or both;
if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1177, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2029; amended Pub. L. 111–5, div. A, title XIII, § 13409, Feb. 17, 2009, 123 Stat. 271.)
- 1935Enacted · Pub. L. 104-191 · 110 Stat. 2029
- 2009Amended · Pub. L. 111-5 · 123 Stat. 271
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-191 on 1935-08-14.
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