42 U.S.C. § 17939 — Improved enforcement
submitted 17 years ago by Pub. L. 111-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 448 words · no verdicts yet
This section makes violations by covered entities subject to enforcement and penalties under specified Social Security Act provisions. It also sets dates for those changes, directs certain penalty money to enforcement, requires reports and a distribution method for harmed individuals, and sets effective dates for other amendments.
(a) In general
(1) Omitted.
(2) Enforcement under Social Security* Act
A violation by a covered entity* under this subchapter is subject to enforcement and penalties under sections 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6].
(b) Effective date; regulations
(1) The amendments made by subsection (a) apply to penalties imposed on or after the date that is 24 months after February 17, 2009.
(2) No later than 18 months after February 17, 2009, the Secretary* of Health and Human Services must issue regulations to carry out those amendments.
(c) Distribution of certain civil monetary penalties collected
(1) In general
Subject to the regulation required by paragraph (3), any civil monetary penalty or monetary settlement collected for an offense punishable under this subchapter or section 1176 of the Social Security Act [42 U.S.C. 1320d–5], to the extent that section concerns privacy or security, must be transferred to the Office for Civil Rights of the Department of Health and Human Services. The Office must use* the money to enforce this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as those provisions were in effect on February 17, 2009.
(2) GAO report
No later than 18 months after February 17, 2009, the Comptroller General must submit a report to the Secretary. The report must include recommendations for a method under which an individual harmed by an act that is an offense described in paragraph (1) may receive a percentage of a civil monetary penalty or monetary settlement collected for that offense.
(3) Establishment of methodology to distribute percentage of CMPs collected to harmed individuals
No later than 3 years after February 17, 2009, the Secretary must establish by regulation, based on the recommendations under paragraph (2), a method under which an individual harmed by an act that is an offense described in paragraph (1) may receive a percentage of a civil monetary penalty or monetary settlement collected for that offense.
(4) Application of methodology
The method under paragraph (3) applies to civil monetary penalties or monetary settlements imposed on or after the regulation’s effective date.
(d) Tiered increase in amount of civil monetary penalties
(1) to (3) Omitted.
(4) Effective date
The amendments made by this subsection apply to violations occurring after February 17, 2009.
(e) Enforcement through State* attorneys general
(1), (2) Omitted.
(3) Effective date
The amendments made by this subsection apply to violations occurring after February 17, 2009.
Any violation by a covered entity* under thus 1 subchapter is subject to enforcement and penalties under section 2 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6].
The amendments made by subsection (a) shall apply to penalties imposed on or after the date that is 24 months after February 17, 2009.
Not later than 18 months after February 17, 2009, the Secretary* of Health and Human Services shall promulgate regulations to implement such amendments.
Subject to the regulation promulgated pursuant to paragraph (3), any civil monetary penalty or monetary settlement collected with respect to an offense punishable under this subchapter or section 1176 of the Social Security Act (42 U.S.C. 1320d–5) insofar as such section relates to privacy or security shall be transferred to the Office for Civil Rights of the Department of Health and Human Services to be used for purposes of enforcing the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009.
Not later than 18 months after February 17, 2009, the Comptroller General shall submit to the Secretary a report including recommendations for a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.
Not later than 3 years after February 17, 2009, the Secretary shall establish by regulation and based on the recommendations submitted under paragraph (2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary settlement collected with respect to such offense.
The methodology under paragraph (3) shall be applied with respect to civil monetary penalties or monetary settlements imposed on or after the effective date of the regulation.
The amendments made by this subsection shall apply to violations occurring after February 17, 2009.
The amendments made by this subsection shall apply to violations occurring after February 17, 2009.
Source credit: (Pub. L. 111–5, div. A, title XIII, § 13410, Feb. 17, 2009, 123 Stat. 271.)
- 2009Enacted · Pub. L. 111-5 · 123 Stat. 271
A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-5 on 2009-02-17.
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