§1320d–9. Application of HIPAA regulations to genetic information — Inbound Citations

Citations to §1320d–9(b)(3)

• 42 U.S.C. § 1320d–5(d)(2)(A)

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  (A) For purposes of paragraph (1)(B), the amount determined under this paragraph is the amount calculated by multiplying the number of violations by up to $100. For purposes of the preceding sentence, in the case of a continuing violation, the number of violations shall be determined consistent with the HIPAA privacy regulations (as defined in section 1320d–9(b)(3) of this title) for violations of subsection (a).
• 42 U.S.C. § 1320d–6(a)

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  (a) A 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). 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.