42 USC 1396w-2 - Authorization to receive relevant information

U.S Code last checked for updates: Nov 22, 2024

§ 1396w–2.

Authorization to receive relevant information

(a)

In general

(b)

Requirements for conveyance

Data or information may be conveyed pursuant to subsection (a) only if the following requirements are met:

(1)

The individual whose circumstances are described in the data or information (or such individual’s parent, guardian, caretaker relative, or authorized representative) has either provided advance consent to disclosure or has not objected to disclosure after receiving advance notice of disclosure and a reasonable opportunity to object.

(2)

Such data or information are used solely for the purposes of—

(A)

identifying individuals who are eligible or potentially eligible for medical assistance under this subchapter and enrolling or attempting to enroll such individuals in the State plan; and

(B)

verifying the eligibility of individuals for medical assistance under the State plan.

(3)

An interagency or other agreement, consistent with standards developed by the Secretary—

(A)

prevents the unauthorized use, disclosure, or modification of such data and otherwise meets applicable Federal requirements safeguarding privacy and data security; and

(B)

requires the State agency administering the State plan to use the data and information obtained under this section to seek to enroll individuals in the plan.

(c)

Penalties for improper disclosure

(1)

Civil money penalty

(2)

Criminal penalty

(d)

Rule of construction

(Aug. 14, 1935, ch. 531, title XIX, § 1942, as added Pub. L. 111–3, title II, § 203(d)(1), Feb. 4, 2009, 123 Stat. 47.)

cite as: 42 USC 1396w-2