Personal Health Information Protection Act

To impose penalties for the unauthorized disclosure of personal health information by Federal employees. 1. Short title This Act may be cited as the Personal Health Information Protection Act 2. Unauthorized disclosure of personally identifiable covered information (a) Liability for Certain Acts (1) In general It shall be unlawful for any officer or employee of the United States— (A) willfully to make an unauthorized disclosure of personally identifiable covered information; or (B) to conspire to commit a violation of subparagraph (A). (2) Penalty (A) In general Any violation of paragraph (1) shall be subject to a penalty of not more than the greatest of— (i) the penalty specified in the law setting forth the offense which covers a violation of paragraph (1), or (ii) the penalty set forth in subparagraph (B). (B) Uniform penalty The penalty set forth in this subparagraph is a felony punishable upon conviction by— (i) a fine in any amount not exceeding $100,000 for each such violation and imprisonment of not more than 7 years, (ii) the costs of prosecution, and (iii) dismissal from office or discharge from employment. (C) Forfeiture of annuities and retired pay A violation of paragraph (1) shall be treated as an offense to which sections 8312 8432(g)(5) (b) Definitions For purposes of this section— (1) Officer of the United States The term officer of the United States section 2104(a)(1)(C) (2) Employee of the United States The term employee of the United States section 2105 (3) Personally identifiable covered information The term personally identifiable covered information section 160.103 3. Private right of action (a) In general Any person who violates section 2 of this Act or who willfully aids, abets, counsels, induces, or procures the commission of a violation of section 2 of this Act shall be liable to the person whose personally identifiable covered information was disclosed in violation of section 2 of this Act— (1) in the amount of $100,000 for each such violation, and (2) for costs of prosecution and attorney fees. (b) Jurisdiction; statute of limitations; venue; process The United States district courts shall have exclusive jurisdiction of actions brought under this section. Any such action shall be brought not later than two years after the date the cause of action arises. Any action brought under subsection (a) of this section may be brought in any judicial district wherein the defendant is found, resides, or transacts business, or in the judicial district wherein any act or transaction constituting the violation occurs. Process in such action may be served in any judicial district of which the defendant is an inhabitant or wherever the defendant may be found.

Summary: Personal Health Information Protection Act - Makes it unlawful for any officer or employee of the federal government to: (1) willfully make an unauthorized disclosure of personally identifiable protected health information, or (2) conspire to make such an unauthorized disclosure. Makes any person who violates this Act or who willfully aids, abets, counsels, induces, or procures such a violation liable to any person whose personally identifiable covered information has been disclosed.