123STA T .48PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9(1)INGE NE RAL.—TitleX IXi sam e nd ed by addin g att h e end the fo llo w ing new se c tion
- ‘
‘ SEC.1942 . AUTHORIZ ATIO N TO RECEI V ERE L EVANT IN F OR M ATION. ‘ ‘(a) IN G ENERAL.— N otwithstanding any othe rp ro v ision of law , a F ederal or S tate agency or private entity in possession of the so u rces of data directly relevant to eligibility determinations under this title (including eligibility files maintained by Ex press L ane agencies described in section 1 902 (e)(1 3 )(F), information described in paragraph (2) or (3) of section 113 7 (a), vital records information about births in any State, and information described in sections 45 3(i) and 1902(a)(25)(I)) is authori z ed to convey such data or information to the State agency administering the State plan under this title, to the extent such conveyance meets the re q uirements of subsection (b). ‘‘(b) R E QUI RE M EN TSFO R C ON V E Y AN C E.— D ata 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, careta k er relative, or authorized representative) has either pro - vided advance consent to disclosure or has not ob j ected to disclosure after receiving advance notice of disclosure and a reasonable opportunity to object. ‘‘(2) Such data or information are used solely for the pur- poses of— ‘‘( A ) identifying individuals who are eligible or poten- tially eligible for medical assistance under this title 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 modi- fication of such data and otherwise meets applicable Fed- eral 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) P ENALTIES FOR IM P ROPER DISCLOSURE.— ‘‘(1) CIVIL MONEY PENALTY.—A private entity described in the subsection (a) that publishes, discloses, or makes known in any manner, or to any extent not authorized by Federal law, any information obtained under this section is subject to a civil money penalty in an amount equal to $ 10,000 for each such unauthorized publication or disclosure. The provi- sions of section 112 8 A (other than subsections (a) and (b) and the second sentence of subsection (f)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ‘‘(2) CRIMINAL PENALTY.—A private entity described in the subsection (a) that willfully publishes, discloses, or makes known in any manner, or to any extent not authorized by Federal law, any information obtained under this section shall Ap p licab ili ty.42USC1396w– 2 no t e .
