Sec. 13409. Clarification of Application of Wrongful Disclosures Criminal Penalties.
Section 1177(a) of the Social Security Act (42 U.S.C. 1320d–6(a)) is amended by adding at the end the following new sentence: ‘‘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 1180(b)(3)) and the individual obtained or disclosed such information without authorization.’’.
Make sure you are Omnibus Rule Compliant: HIPAA Privacy Checklist.