Sec. 1177. wrongful disclosure of individually identifiable health information

302 words·~1 min read·/statute-compilations/comps-8763/sec-1177

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## Sec. 1177 wrongful disclosure of individually identifiable health information **[**[42 U.S.C. 1320d–6](/us/usc/t42/s1320d–6)**]** ###

(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).31 31Section 13409 of division A of Public Law 111–5 provides for an amendment to section 1177(a) as follows: SEC. 13409. CLARIFICATION OF APPLICATION OF WRONGFUL DISCLOSURES CRIMINAL PENALTIES. Section 1177(a) of the Social Security Act (42 U.S.C. 1320d–6(a)) is amended by adding at the end the following new sentence: “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 1180(b)(3)) and the individual obtained or disclosed such information without authorization.”. Section 13423 of division A of such Public Law provides that this amendment “shall take effect on the date that is 12 months after the date of the enactment of this title” . ###

(b)Penalties A person described in subsection

(a)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.

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42 USC 1320d–6
Pub. L. 111-5
42 USC 1320d–6(a)

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Sec. 1177

wrongful disclosure of individually identifiable health information

Cite42 USC 1320d–6

Pub. L.Pub. L. 111-5

Cite42 USC 1320d–6(a)

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