---
title: "42 U.S.C. 1320d–6 HIPAA: Wrongful disclosure of individually identifiable health information"
canonical: "https://dposchool.com/hipaa/section/1320d-6"
source: "https://uscode.house.gov/us/usc/119-136/t42/s1320d-6/"
source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR."
text_as_of: "2026-10-22"
language: "en"
publisher: "DPO School"
---

42 U.S.C. 1320d–6 HIPAA · Chapter 7: SOCIAL SECURITY

# 42 U.S.C. 1320d–6 HIPAA: Wrongful disclosure of individually identifiable health information

United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026.

## Official text

### 42 U.S.C. 1320d–6(a)

**(a)** Offense

A person who knowingly and in violation of this part⁠—

#### 42 U.S.C. 1320d–6(a)(1)

**(1)** uses or causes to be used a unique health identifier;

#### 42 U.S.C. 1320d–6(a)(2)

**(2)** obtains individually identifiable health information relating to an individual; or

#### 42 U.S.C. 1320d–6(a)(3)

**(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.

### 42 U.S.C. 1320d–6(b)

**(b)** Penalties

A person described in subsection (a) shall⁠—

#### 42 U.S.C. 1320d–6(b)(1)

**(1)** be fined not more than $50,000, imprisoned not more than 1 year, or both;

#### 42 U.S.C. 1320d–6(b)(2)

**(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

#### 42 U.S.C. 1320d–6(b)(3)

**(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.

## Source

Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced.

Source credit: ( 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 .)

[42 U.S.C. 1320d–6 on the Office of the Law Revision Counsel](https://uscode.house.gov/us/usc/119-136/t42/s1320d-6/)

United States Code, current through Public Law 119-136 (October 22, 2026). Retrieved 30 October 2026.

This is reference material, not legal advice.

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Previous: [42 U.S.C. 1320d–5 HIPAA: General penalty for failure to comply with requirements and standards](https://dposchool.com/hipaa/section/1320d-5)

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