42 U.S.C. § 1320d–8 — Processing payment transactions by financial institutions
submitted 91 years ago by Pub. L. 104-191 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 216 words · no verdicts yet
This section permits financial institutions to process certain payment transactions without being treated as health-care clearinghouses for those activities. It limits that treatment to the activities and conditions stated in the section.
To the extent that an entity is engaged in activities of a financial institution (as defined in section 3401 of title 12), or is engaged in authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments, for a financial institution, this part, and any standard adopted under this part, shall not apply to the entity with respect to such activities, including the following:
The use or disclosure of information by the entity for authorizing, processing, clearing, settling, billing, transferring, reconciling or collecting, a payment for, or related to, health plan* premiums or health care, where such payment is made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer.
The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)—
for transferring receivables;
for auditing;
in connection with—
a customer dispute; or
an inquiry from, or to, a customer;
in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer;
for reporting to consumer reporting agencies; or
for complying with—
a civil or criminal subpoena; or
a Federal or State* law regulating the entity.
Source credit: (Aug. 14, 1935, ch. 531, title XI, § 1179, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2030.)
- 1935Enacted · Pub. L. 104-191 · 110 Stat. 2030
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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