SEC. 1177. Wrongful disclosure of individually identifiable health information
Title[ Title II\Subtitle F\Sec. 262 Contents
``Sec. 1177. (a) Offense.--A <<NOTE: 42 USC 1320d-6.>> person who
knowingly and in violation of this part--
``(1) uses or causes to be used a unique health identifier;
``(2) obtains individually identifiable health information
relating to an individual; or
``(3) discloses individually identifiable health information
to another person,
shall be punished as provided in subsection (b).
``(b) Penalties.--A person described in subsection (a) shall--
``(1) be fined not more than $50,000, imprisoned not more
than 1 year, or both;
``(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
``(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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