Title 42The Public Health and WelfareRelease 119-73

§1320d–8 Processing payment transactions by financial institutions

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XI— - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE SIMPLIFICATION › Part Part C— - Administrative Simplification › § 1320d–8

Last updated Apr 6, 2026|Official source

Summary

Companies that act like banks or that handle payments for banks are not covered by these health-privacy rules when they are doing payment work. That exception covers using or sharing information to approve, process, move, bill, settle, reconcile, or collect payments for health care or health plan premiums, no matter how the payment is made (for example, by credit or debit card, account, check, or electronic transfer). It also covers asking for or sharing that payment information for things like selling receivables, audits, customer disputes or questions, messages to customers about their transactions, reports to consumer reporting agencies, and when following subpoenas or federal or state laws that apply to the company. financial institution — banks and similar businesses (see Title 12, section 3401).

Full Legal Text

Title 42, §1320d–8

The Public Health and Welfare — Source: USLM XML via OLRC

To the extent that an entity is engaged in activities of a financial institution (as defined in section 3401 of title 12), or is engaged in authorizing, processing, clearing, settling, billing, transferring, reconciling, or collecting payments, for a financial institution, this part, and any standard adopted under this part, shall not apply to the entity with respect to such activities, including the following:
(1)The use or disclosure of information by the entity for authorizing, processing, clearing, settling, billing, transferring, reconciling or collecting, a payment for, or related to, health plan premiums or health care, where such payment is made by any means, including a credit, debit, or other payment card, an account, check, or electronic funds transfer.
(2)The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)—
(A)for transferring receivables;
(B)for auditing;
(C)in connection with—
(i)a customer dispute; or
(ii)an inquiry from, or to, a customer;
(D)in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer;
(E)for reporting to consumer reporting agencies; or
(F)for complying with—
(i)a civil or criminal subpoena; or
(ii)a Federal or State law regulating the entity.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1320d–8

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73