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42 U.S.C. § 17939 — Improved enforcement
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 17939
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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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Passage SHA-256: 073985c81b29f9b9483e5cc4b124e5796dfe27eba19d71020708f50e3f3ab9fa
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-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 1320d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1320d
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1320d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 17939
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.