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42 U.S.C. § 17939 — Improved enforcement

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17939 — Improved enforcement

Page 9077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17940 1 So in original. Probably should be ‘‘this’’. 2 So in original. Probably should be ‘‘sections’’. 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009. (Pub. L. 111–5, div. A, title XIII, § 13408, Feb. 17, 2009, 123 Stat. 271.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this sub- chapter. For complete classification of subtitle D to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title. § 17939. Improved enforcement (a) In general (1) Omitted (2) Enforcement under Social Security Act Any violation by a covered entity under thus 1 subchapter is subject to enforcement and penalties under section 2 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6]. (b) Effective date; regulations (1) The amendments made by subsection (a) shall apply to penalties imposed on or after the date that is 24 months after February 17, 2009. (2) Not later than 18 months after February 17, 2009, the Secretary of Health and Human Serv- ices shall promulgate regulations to implement such amendments. (c) Distribution of certain civil monetary pen

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Stable record: federal_law:legal_authorities:usc2024-c68e56bbb8eadb72520267bb
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-17939-improved-enforcement--ff7e2c0cb7.md
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Source location: USCODE-2024-title42-chap156-subchapIII-partA-sec17939.pdf

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Page 9077 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17940 1 So in original. Probably should be ‘‘this’’. 2 So in original. Probably should be ‘‘sections’’. 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009. (Pub. L. 111–5, div. A, title XIII, § 13408, Feb. 17, 2009, 123 Stat. 271.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this sub- chapter. For complete classification of subtitle D to the Code, see Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title. § 17939. Improved enforcement (a) In general (1) Omitted (2) Enforcement under Social Security Act Any violation by a covered entity under thus 1 subchapter is subject to enforcement and penalties under section 2 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d–5, 1320d–6]. (b) Effective date; regulations (1) The amendments made by subsection (a) shall apply to penalties imposed on or after the date that is 24 months after February 17, 2009. (2) Not later than 18 months after February 17, 2009, the Secretary of Health and Human Serv- ices shall promulgate regulations to implement such amendments. (c) Distribution of certain civil monetary pen- alties collected (1) In general Subject to the regulation promulgated pur- suant to paragraph (3), any civil monetary penalty or monetary settlement collected with respect to an offense punishable under this subchapter or section 1176 of the Social Secu- rity Act (42 U.S.C. 1320d–5) insofar as such sec- tion relates to privacy or security shall be transferred to the Office for Civil Rights of the Department of Health and Human Services to be used for purposes of enforcing the provi- sions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regula- tions, as such provisions are in effect as of February 17, 2009. (2) GAO report Not later than 18 months after February 17, 2009, the Comptroller General shall submit to the Secretary a report including recommenda- tions for a methodology under which an indi- vidual who is harmed by an act that con- stitutes an offense referred to in paragraph (1) may receive a percentage of any civil mone- tary penalty or monetary settlement collected with respect to such offense. (3) Establishment of methodology to distribute percentage of CMPS collected to harmed individuals Not later than 3 years after February 17, 2009, the Secretary shall establish by regula- tion and based on the recommendations sub- mitted under paragraph (2), a methodology under which an individual who is harmed by an act that constitutes an offense referred to in paragraph (1) may receive a percentage of any civil monetary penalty or monetary set- tlement collected with respect to such offense. (4) Application of methodology The methodology under paragraph (3) shall be applied with respect to civil monetary pen- alties or monetary settlements imposed on or after the effective date of the regulation. (d) Tiered increase in amount of civil monetary penalties (1) to (3) Omitted (4) Effective date The amendments made by this subsection shall apply to violations occurring after Feb- ruary 17, 2009. (e) Enforcement through State attorneys general (1), (2) Omitted (3) Effective date The amendments made by this subsection shall apply to violations occurring after Feb- ruary 17, 2009. (Pub. L. 111–5, div. A, title XIII, § 13410, Feb. 17, 2009, 123 Stat. 271.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(2) and (c)(1), was in the original ‘‘this subtitle’’, meaning sub- title D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classifica- tion of subtitle D to the Code, see Tables. For reference to ‘‘the amendments made by sub- section (a)’’ in subsec. (b)(1) and ‘‘the amendments made by this subsection’’ in subsecs. (d)(4) and (e)(3), see Codification note below. CODIFICATION Section is comprised of section 13410 of Pub. L. 111–5. Subsecs. (a)(1), (d)(1)–(3), (e)(1), (2), and (f) of section 13410 of Pub. L. 111–5 amended section 1320d–5 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title. § 17940. Audits The Secretary shall provide for periodic audits to ensure that covered entities and business as-

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d — Definitions

For purposes of this part: (1) **Code set** — The term “code set” means any set of codes used for encoding data elements, such as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes. (2) **Health care clearinghouse** — The term “health care clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements. (3) **Health care provider** — The term “health care provider” includes a provider of services (as defined in [section 1395x(u) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/u&num=0&edition=prelim)), a provider of medical or other health services (as defined in [section 1395x(s) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/s&num=0&edition=prelim)), and any other person furnishing health care services or supplies. (4) **Health information** — The term “health information” means any information, whether oral or recorded in any form or medium, that— (A) is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse; and (B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual. (5) **Health plan** — The term “health plan” means an individual or group plan that provides, or pays the cost of, medical care (as such term is defined in [section 300gg–91 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300gg-9

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1320d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1320d — Definitions

Page 2746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1320c–20 1 So in original. Probably should be ‘‘Part’’. tions between Professional Standards Review Organiza- tions and administrative instrumentalities. Section 1320c–15, act Aug. 14, 1935, ch. 531, title XI, § 1166, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(h), 91 Stat. 1189, related to general prohibi- tion against disclosure of data or information and ex- ceptions to such prohibition. See section 1320c–9 of this title. Section 1320c–16, act Aug. 14, 1935, ch. 531, title XI, § 1167, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1443; amended Oct. 25, 1977, Pub. L. 95–142, § 5(i), (n), 91 Stat. 1190, 1191, related to limitation of liability of persons providing information to Profes- sional Standards Review Organizations and Statewide Professional Standards Review Councils. See section 1320c–6 of this title. Section 1320c–17, act Aug. 14, 1935, ch. 531, title XI, § 1168, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444; amended Dec. 31, 1975, Pub. L. 94–182, title I, § 112(c), 89 Stat. 1055; Oct. 25, 1977, Pub. L. 95–142, § 5(j), 91 Stat. 1190; Aug. 13, 1981, Pub. L. 97–35, title XXI, § 2113(j), 95 Stat. 795, related to authorization for use of funds for administering professional review program, transfer of moneys between funds, and pay- ments for Professional Standards Review Organiza- tions. See section 1320c–8 of this title. Section 1320c–18, act Aug. 14, 1935, ch. 531, title XI, § 1169, as added Oct. 30, 1972, Pub. L. 92–603, title II, § 249F(b), 86 Stat. 1444, related to technical assistance given to organizations desiring to be designated as Pro- fessional Stand

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17939 — Business associate contracts required for certain entities

Each organization, with respect to a covered entity, that provides data transmission of protected health information to such entity (or its business associate) and that requires access on a routine basis to such protected health information, such as a Health Information Exchange Organization, Regional Health Information Organization, E-prescribing Gateway, or each vendor that contracts with a covered entity to allow that covered entity to offer a personal health record to patients as part of its electronic health record, is required to enter into a written contract (or other written arrangement) described in section 164.502(e)(2) of title 45, Code of Federal Regulations and a written contract (or other arrangement) described in section 164.308(b) of such title, with such entity and shall be treated as a business associate of the covered entity for purposes of the provisions of this subchapter and subparts C and E of part 164 of title 45, Code of Federal Regulations, as such provisions are in effect as of February 17, 2009.

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