§ 1320d–6. Wrongful disclosure of individually identifiable health information
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/usc/title-42/section-1320d-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person who knowingly and in violation of this part— uses or causes to be used a unique health identifier; obtains individually identifiable health information relating to an individual; or discloses individually identifiable health information to another person, shall be punished as provided in subsection (b). 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 1320d–9(b)(3) of this title ) and the individual obtained or disclosed such information without authorization.
A person described in subsection
(a)shall— be fined not more than $50,000, imprisoned not more than 1 year, or both; if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and 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. ( Aug. 14, 1935, ch. 531 , title XI, § 1177, as added Pub. L. 104–191, title II, § 262(a) , Aug. 21, 1996 , 110 Stat. 2029 ; amended Pub. L. 111–5, div. A, title XIII, § 13409 , Feb. 17, 2009 , 123 Stat. 271 .)
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4 references not yet in our index
- Pub. L. 104-191
- 110 Stat. 2029
- Pub. L. 111-5
- 123 Stat. 271
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§ 1320d–6
Wrongful disclosure of individually identifiable health information
Fed. Reg.×37
Pub. L.Pub. L. 104-191
Stat.110 Stat. 2029
Pub. L.Pub. L. 111-5
Stat.123 Stat. 271
Cites 4Cited by 37 across 1 source