Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

Pennsylvania Code



Subchapter C. ADDITIONAL PROVISIONS


Sec.


146b.21.    Relationship with other laws.
146b.22.    Nondiscrimination.
146b.23.    Violation.
146b.24.    Compliance dates.

§ 146b.21. Relationship with other laws.

 (a)  Relationship with the Federal regulation. Irrespective of whether a licensee is subject to the Federal regulation, if a licensee complies with the Federal regulation, the licensee will not be subject to this chapter.

 (b)  Relationship with other state law or regulation. Nothing in this chapter preempts or supersedes existing laws or regulations of the Commonwealth that relate to medical records, health or insurance information privacy.

 (c)  Relationship with the Fair Credit Reporting Act. This chapter will not be construed to modify, limit or supersede the operation of the Federal Fair Credit Reporting Act (15 U.S.C.A. § §  1681—1681u), and no inference may be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under section 603 of that act (15 U.S.C.A. §  1681a).

 (d)  Relationship with section 648 of the act (40 P. S. §  288). This chapter will not be construed to modify, limit or supersede the operation of section 648 of the act (40 P. S. §  288) regarding customer privacy.

§ 146b.22. Nondiscrimination.

 A licensee may not unfairly discriminate against a consumer because that consumer has not granted authorization for the disclosure of nonpublic personal health information under this chapter.

§ 146b.23. Violation.

 Violations of this chapter are deemed and defined by the Commissioner to be an unfair method of competition and an unfair or deceptive act or practice and shall be subject to applicable penalties or remedies contained in the Unfair Insurance Practices Act (40 P. S. § §  1171.1—1171.15).

§ 146b.24. Compliance dates.

 (a)  Licensees with $5 million or more in annual receipts shall comply with the applicable requirements of this chapter by the corresponding compliance date applicable to the Federal regulation.

 (b)  Licensees with less than $5 million in annual receipts shall comply with the applicable requirements of this chapter by the corresponding compliance date applicable to the Federal regulation.



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