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42 U.S.C. § 1320d–8 — Processing payment transactions by financial institutions

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
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. (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. (2)The request for, or the use or disclosure of, information by the entity with respect to a payment described in paragraph (1)—
    1. (A)for transferring receivables;
    2. (B)for auditing;
    3. (C)in connection with—
      1. (i)a customer dispute; or
      2. (ii)an inquiry from, or to, a customer;
    4. (D)in a communication to a customer of the entity regarding the customer’s transactions, payment card, account, check, or electronic funds transfer;
    5. (E)for reporting to consumer reporting agencies; or
    6. (F)for complying with—
      1. (i)a civil or criminal subpoena; or
      2. (ii)a Federal or State law regulating the entity.