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United States Code Title 42 — The Public Health and Welfare

§ 1320d–8. Processing payment transactions by financial institutions

§ 1320d–8.

Processing payment transactions by financial institutions

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.