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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 17939 Improved enforcement us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 156 HEALTH INFORMATION TECHNOLOGY 17939 42 U.S.C. § 17939 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s17939 data/legal/raw/us/code/title-42/usc42.xml 4bcac675aa545ff072d0775cddddf1aea0966973311b3c7d423cbc00048d2ae7 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 43c5372372536c3d25f43151dc2086f46868482200f2b018ab424e7af25d1dd8 2026-07-04 official
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42 U.S.C. § 17939 - Improved enforcement

Text

(a) In general (1) Omitted

(2) Enforcement under Social Security Act Any violation by a covered entity under thus 11 So in original. Probably should be “this”. subchapter is subject to enforcement and penalties under section 22 So in original. Probably should be “sections”. 1176 and 1177 of the Social Security Act [42 U.S.C. 1320d5, 1320d6].

(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 Services shall promulgate regulations to implement such amendments.

(c) Distribution of certain civil monetary penalties collected (1) In general Subject to the regulation promulgated pursuant 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 Security Act (42 U.S.C. 1320d5) insofar as such section 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 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.

(2) GAO report Not later than 18 months after February 17, 2009, the Comptroller General shall submit to the Secretary a report including recommendations for 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 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 regulation and based on the recommendations submitted 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 settlement collected with respect to such offense.

(4) Application of methodology The methodology under paragraph (3) shall be applied with respect to civil monetary penalties 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 February 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 February 17, 2009.

(Pub. L. 1115, div. A, title XIII, § 13410, Feb. 17, 2009, 123 Stat. 271.)

Notes

Editorial Notes

References in TextThis subchapter, referred to in subsecs. (a)(2) and (c)(1), was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of Pub. L. 1115, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables. For reference to “the amendments made by subsection (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. 1115. Subsecs. (a)(1), (d)(1)(3), (e)(1), (2), and (f) of section 13410 of Pub. L. 1115 amended section 1320d5 of this title.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 1115, set out as a note under section 17931 of this title.