Health Insurance Portability and Accountability Act of 1996: 42 U.S. Code § 1320d–6 - Wrongful disclosure of individually identifiable health information | mrisch | August 19, 2014

H2O

Health Insurance Portability and Accountability Act of 1996: 42 U.S. Code § 1320d–6 - Wrongful disclosure of individually identifiable health information

by mrisch
1
(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. 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.
2
(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.
Close

Annotated Text Information

August 19, 2014

Health Insurance Portability and Accountability Act of 1996: 42 U.S. Code § 1320d–6 - Wrongful disclosure of individually identifiable health information

Health Insurance Portability and Accountability Act of 1996: 42 U.S. Code § 1320d–6 - Wrongful disclosure of individually identifiable health information

Author Stats

mrisch

Professor of Law

Villanova University School of Law

Expand
Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large