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42 U.S.C. § 1320d–8Processing 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

in plain englishAI-generated · not legal advice

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, must not apply to the entity about such activities, including the following: (1) 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. (2) The request for, or the use or disclosure of, information by the entity about a payment described in paragraph (1)— (A) for transferring receivables; (B) for auditing; (C) in connection with— (i) a customer dispute; or (ii) an inquiry from, or to, a customer; (D) in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer; (E) for reporting to consumer reporting agencies; or (F) for complying with— (i) a civil or criminal subpoena; or (ii) a Federal or State law regulating the entity.
the actual law source: uscode.house.gov ↗public domain

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:

(1)

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.

(2)

The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)—

(A)

for transferring receivables;

(B)

for auditing;

(C)

in connection with—

(i)

a customer dispute; or

(ii)

an inquiry from, or to, a customer;

(D)

in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer;

(E)

for reporting to consumer reporting agencies; or

(F)

for complying with—

(i)

a civil or criminal subpoena; or

(ii)

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.)

history & why it existsrecord from the source credit
  • 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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