Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
62 lines
3.3 KiB
Markdown
62 lines
3.3 KiB
Markdown
---
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type: "LegalText"
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title: "42 U.S.C. § 1320d–6"
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description: "Wrongful disclosure of individually identifiable health information"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 42
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_number: "7"
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chapter_name: "SOCIAL SECURITY"
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section: "1320d–6"
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citation: "42 U.S.C. § 1320d–6"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
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source_identifier: "/us/usc/t42/s1320d–6"
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source_file: "data/legal/raw/us/code/title-42/usc42.xml"
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source_hash: "df7f1bc0975eb1eaef4b4ea94080fb5579af52b120fac141c40320487ce079b4"
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raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
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text_hash: "cb85505b3878749b3b6b2a91d08da1f8003b497abe713578b81e32ab83fb492e"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 42 U.S.C. § 1320d–6 - Wrongful disclosure of individually identifiable health information
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## Text
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(a) Offense A person who knowingly and in violation of this part—
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(1) uses or causes to be used a unique health identifier;
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(2) obtains individually identifiable health information relating to an individual; or
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(3) discloses individually identifiable health information to another person,
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shall be punished as provided in subsection (b). 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.
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(b) Penalties A person described in subsection (a) shall—
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(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;
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(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
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(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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(Aug. 14, 1935, ch. 531, title XI, § 1177, as added Pub. L. 104–191, title II, § 262(a), Aug. 21, 1996, 110 Stat. 2029; amended Pub. L. 111–5, div. A, title XIII, § 13409, Feb. 17, 2009, 123 Stat. 271.)
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## Notes
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Editorial Notes
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Amendments2009—Subsec. (a). Pub. L. 111–5 inserted at end “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.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 2009 AmendmentAmendment by Pub. L. 111–5 effective 12 months after Feb. 17, 2009, see section 13423 of Pub. L. 111–5, set out as an Effective Date note under section 17931 of this title.
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