TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER XI - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
Part C - Administrative Simplification
HEAD
Sec. 1320d-6. Wrongful disclosure of individually identifiable
health information
STATUTE
(a) Offense
A person who knowingly and in violation of this part -
(1) uses or causes to be used a unique health identifier;
(2) obtains individually identifiable health information
relating to an individual; or
(3) discloses individually identifiable health information to
another person,
shall be punished as provided in subsection (b) of this section.
(b) Penalties
A person described in subsection (a) of this section shall -
(1) be fined not more than $50,000, imprisoned not more than 1
year, or both;
(2) if the offense is committed under false pretenses, be fined
not more than $100,000, imprisoned not more than 5 years, or
both; and
(3) 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
(Aug. 14, 1935, ch. 531, title XI, Sec. 1177, as added Pub. L. 104-
191, title II, Sec. 262(a), Aug. 21, 1996, 110 Stat. 2029.)
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