,i #aacth ,,congress #ast ,session ,h4 ,r4 #cbii ,,in ,,the ,,house ,,of ,,representatives ,october #af1 #bjac,mr4 ,ross introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend section #cdj;,a of the ,public ,health ,service ,act to protect the privacy of personally identifiable information in relation to enrollment activities of health insurance exchanges1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,security ,before ,access ,act of #bjac4 #b4 ,protecting the privacy of personally identifiable information in enrollment activities of health insurance exchanges 7a7 ,in general ,section #cdj;,a7c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bef;a7c77 is amended by adding at the end the following new paragraph3 7#c7 ,ensuring privacy of personally identifiable information2 liability2 penalties2 consumer opt out 7,a7 ,in general ,the ,secretary shall require each recipient of a grant under this section to implement procedures specified by the ,secretary consistent with this paragraph in order protect the privacy of personally identifiable information4 7,b7 ,required procedures ,the procedures specified by the ,secretary under subparagraph 7,a7 shall include at least the following3 7i7 ,prohibition of access without explicit consent ,no certified application counselor1 health insurance navigator1 or non-navigator assistance personnel shall have access to personally identifiable information relating to an individual without the express1 witnessed1 written consent of that individual4 7ii7 ,requiring licensure1 background checks ,no such individual shall have access to personally identifiable information unless the individual-- 7,i7 has undergone1 within #fj days before commencing enrollment assistance for any consumer seeking coverage through health insurance exchanges1 both a criminal background and fingerprint check and has a clean record free of criminal infractions2 and 7,,ii7 meets educational and licensure requirements that are identical or comparable to those currently applicable to health insurance agents and brokers within the ,state they seek to assist consumers with health insurance enrollment4 7iii7 ,requirement for prior certification of safeguards ,the recipient of the grant may not collect personally identifiable information for any reason until the ,comptroller ,general of the ,united ,states1 in agreement with the ,inspector ,general of the ,department of ,health and ,human ,services1 certifies to ,congress that such ,department1 along with any other relevant ,federal agencies involved with health insurance assistance or enrollment1 or collection or verification of personally identifiable information1 have implemented all appropriate and necessary actions to safeguard both the such information and financial information of individuals seeking enrollment in a health plan through an ,exchange and to protect such individuals from fraud and abuse4 7,c7 ,liability ,not later than #ij days after the date of the enactment of this paragraph1 the ,secretary-- 7i7 shall issue guidance concerning how liability and penalties will be applied in instances of failure to comply with requirements of this paragraph1 including where consumer outreach and enrollment assistance causes harm to an individual as a result of misuse or negligence in protection and privacy of personally identifiable information2 7ii7 shall determine whether such liability lies with the person 7such as a navigator1 certified application counselor1 or non-navigator assistance personnel7 having direct contact with the prospective enrollee in enrollment assistance-related actions or whether liability lies with the entity that received ,federal or ,exchange-generated funds to carry out consumer outreach activities2 and 7iii7 shall determine whether the entities identified under clause 7ii7 are required to obtain professional liability coverage4 7,d7 ,penalties 7i7 ,criminal penalties 7,i7 ,any individual or entity who1 under this section1 has possession of1 or access to1 personally identifiable information the disclosure of which is prohibited by this section 7or section #eeb;a of title #e1 ,united ,states ,code7 or by rules or regulations established thereunder1 and who knowing that disclosure of the specific material is so prohibited1 willfully discloses the material in any manner to any person or entity not entitled to receive it1 shall be guilty of a misdemeanor and fined not more than #e1jjj4 7,,ii7 ,a person who commits the offense described under subclause 7,i7 with the intent to sell1 transfer1 or use personally identifiable information for commercial advantage1 personal gain1 or malicious harm shall be fined not more than #bej1jjj1 imprisoned for not more than #aj years1 or both4 7,,iii7 ,any person who knowingly and willfully requests or obtains any personally identifiable information protected under this section concerning an individual under false pretenses shall be guilty of a felony and fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7ii7 ,potential exposure to tax penalty ,any navigator1 certified application counselor1 or non-navigator assistance personnel who engages in health plan enrollment consumer assistance activities under this section and who is exposed to consumer tax return information is potentially subject to criminal liability under section #gbac7;a7 of the ,internal ,revenue ,code of #aihf for any instances of unauthorized disclosure of such information4 7iii7 ,disqualification from further assistance ,if the ,secretary determines that any individual1 including any navigator1 certified application counselor1 or non-navigator assistance personnel1 has a criminal background or is otherwise in violation of this paragraph with respect to the requirements relating to disclosure and use of personally identifiable information1 the ,secretary shall permanently disqualify the individual from any further involvement in consumer assistance activities required under this section or the ,patient ,protection and ,affordable ,care ,act and may disqualify and rescind the ,federal and ,exchange-generated funds from the entity which employs or contracts with such an individual4 7,e7 ,consumer opt out for lack of privacy protection ,beginning on the date of health insurance exchange operations for both individuals and businesses1 no individual consumer shall be made responsible for failure to meet a requirement under the ,patient ,protection and ,affordable ,care ,act 7including any amendments made by this ,act7 for obtaining qualified health insurance coverage through an ,exchange unless the ,secretary has demonstrated with reasonable certainty that effective and comprehensive protection of personally identifiable information1 with respect to any health insurance enrollment activity electronic or otherwise1 are in place prior to any consumer disclosure or transmission of personally identifiable information for health insurance enrollment purposes4 7,f7 ,personally identifiable information defined ,in this paragraph1 the term personally identifiable information includes ,social ,security numbers1 bank account information1 insurance records1 health records1 personal income data1 and any other information deemed personally identifiable and sensitive in nature by the ,federal ,trade ,commission1 the ,department of ,justice1 the ,social ,security ,administration1 the ,consumer ,financial ,protection ,bureau1 the ,president's ,task ,force on ,identity ,theft1 and any other relevant ,federal agency1 which is disclosed or obtained in connection with any health insurance enrollment activity conducted under this section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to grants made before1 on1 or after the date of the enactment of this ,act4 ,the ,secretary of ,health and ,human ,services shall provide for the prompt modification of such grants made before the date of the enactment of this ,act in order to comply with the requirement imposed by such amendment4