[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 633 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 633

To amend the Patient Protection and Affordable Care Act to prohibit the 
  sharing of personally identifiable information obtained through the 
    Federally Facilitated Marketplace for marketing, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2015

 Mr. Young of Alaska introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Patient Protection and Affordable Care Act to prohibit the 
  sharing of personally identifiable information obtained through the 
    Federally Facilitated Marketplace for marketing, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Rights Online To Ensure 
Consumers' Trust (PROTECT) of 2015''.

SEC. 2. PROHIBITING SHARING OF PERSONALLY IDENTIFIABLE INFORMATION 
              OBTAINED THROUGH THE FEDERALLY FACILITATED MARKETPLACE 
              UNDER THE ACA FOR MARKETING.

    (a) In General.--The Patient Protection and Affordable Care Act is 
amended by inserting after section 1313 (42 U.S.C. 18033) the following 
new section:

``SEC. 1314. PROHIBITING SHARING OF PERSONALLY IDENTIFIABLE INFORMATION 
              OBTAINED THROUGH FEDERALLY FACILITATED MARKETPLACE FOR 
              MARKETING.

    ``(a) In General.--The Secretary or any other official of the 
Federal government shall not permit any personally identifiable 
information that is prohibited from disclosure under section 552a of 
title 5, United States Code, including any individually identifiable 
health information (as defined for purposes of the HIPAA privacy 
regulations, as defined in section 1180(b)(3) of the Social Security 
Act, 42 U.S.C. 1320d-9(b)(3))) collected through the Federally 
Facilitated Marketplace (FFM) established under this title, including 
any such information collected through the website healthcare.gov or 
any similar website, to be shared with any non-governmental entity for 
any type of marketing for commercial purposes, including for the 
marketing of health insurance coverage offered through any Exchange 
established under this title.
    ``(b) Personally Identifiable Information Defined.--The terms 
`personally identifiable information' mean any information about an 
individual elicited, collected, stored, or maintained by an agency, 
including--(A) any information that can be used to distinguish or trace 
the identity of an individual, such as a name, a social security 
number, a date and place of birth, a mother's maiden name, or biometric 
records; and (B) any other information that is linked or linkable to an 
individual, such as medical, educational, financial, and employment 
information .''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 1313 the 
following new item:

``Sec. 1314. Prohibiting sharing of individually identifiable 
                            information obtained through the Federally 
                            facilitated marketplace for marketing.''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to any sharing of information occurring after the date of the 
enactment of this Act.
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