---
type: "LegalText"
title: "42 U.S.C. § 1320d–8"
description: "Processing payment transactions by financial institutions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "7"
chapter_name: "SOCIAL SECURITY"
section: "1320d–8"
citation: "42 U.S.C. § 1320d–8"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s1320d–8"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "0b975a2b329cca8fa5c5dd92e03b6831a7fff0eec4eadf48cbb849371932e888"
raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
text_hash: "485c40d5600d5d4faa38e0fd5b8bbb8b405ccefb349a7dcb1a42ca727b62298d"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 42 U.S.C. § 1320d–8 - Processing payment transactions by financial institutions

## Text

To the extent that an entity is engaged in activities of a financial institution (as defined in section 3401 of title 12), or is engaged in authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments, for a financial institution, this part, and any standard adopted under this part, shall not apply to the entity with respect to such activities, including the following:

(1) The use or disclosure of information by the entity for authorizing, processing, clearing, settling, billing, transferring, reconciling or collecting, a payment for, or related to, health plan premiums or health care, where such payment is made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer.

(2) The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)—

(A) for transferring receivables;

(B) for auditing;

(C) in connection with—

(i) a customer dispute; or

(ii) an inquiry from, or to, a customer;

(D) in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer;

(E) for reporting to consumer reporting agencies; or

(F) for complying with—

(i) a civil or criminal subpoena; or

(ii) a Federal or State law regulating the entity.

(Aug. 14, 1935, ch. 531, title XI, § 1179, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2030.)