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