I 

114TH CONGRESS 

1ST SESSION H. R. 633 

To amend the Patient Protection and Affordable Care Act to prohibit the 

sharing of personally identifiable information obtained through the Federally Facilitated Marketplace for marketing, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 30, 2015 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Patient Protection and Affordable Care Act 

to prohibit the sharing of personally identifiable information obtained through the Federally Facilitated Marketplace for marketing, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Rights On5 line To Ensure Consumers’ Trust (PROTECT) of 2015’’. 


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1 SEC. 2. PROHIBITING SHARING OF PERSONALLY IDENTIFI2 ABLE INFORMATION OBTAINED THROUGH 

3 THE FEDERALLY FACILITATED MARKET4 PLACE UNDER THE ACA FOR MARKETING. 

5 (a) IN GENERAL.—The Patient Protection and Af6 fordable Care Act is amended by inserting after section 

7 1313 (42 U.S.C. 18033) the following new section: 

8 ‘‘SEC. 1314. PROHIBITING SHARING OF PERSONALLY IDEN9 TIFIABLE INFORMATION OBTAINED 

10 THROUGH FEDERALLY FACILITATED MAR11 KETPLACE FOR MARKETING. 

12 ‘‘(a) IN GENERAL.—The Secretary or any other offi13 cial of the Federal government shall not permit any per14 sonally identifiable information that is prohibited from 

15 disclosure under section 552a of title 5, United States 

16 Code, including any individually identifiable health infor17 mation (as defined for purposes of the HIPAA privacy 

18 regulations, as defined in section 1180(b)(3) of the Social 

19 Security Act, 42 U.S.C. 1320d–9(b)(3))) collected through 

20 the Federally Facilitated Marketplace (FFM) established 

21 under this title, including any such information collected 

22 through the website healthcare.gov or any similar website, 

23 to be shared with any non-governmental entity for any 

24 type of marketing for commercial purposes, including for 

25 the marketing of health insurance coverage offered 

26 through any Exchange established under this title. 


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1 ‘‘(b) PERSONALLY IDENTIFIABLE INFORMATION DE2 FINED.—The terms ‘personally identifiable information’ 

3 mean any information about an individual elicited, col4 lected, stored, or maintained by an agency, including— 

5 (A) any information that can be used to distinguish or 

6 trace the identity of an individual, such as a name, a social 

7 security number, a date and place of birth, a mother’s 

8 maiden name, or biometric records; and (B) any other in9 formation that is linked or linkable to an individual, such 

10 as medical, educational, financial, and employment infor11 mation .’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 of such Act is amended by inserting after the item relating 

14 to section 1313 the following new item: 

‘‘Sec. 1314. Prohibiting sharing of individually identifiable information obtained 

through the Federally facilitated marketplace for marketing.’’. 

15 (c) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply to any sharing of information 

17 occurring after the date of the enactment of this Act. 

Æ 


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