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Health Insurance Portability and Accountability Act (HIPAA) › Reversal

Faegre Drinker Biddle & Reath LLP

Fifth Circuit Decision Motivates Covered Entities to Appeal Unreasonable Enforcement Outcomes

Faegre Drinker Biddle & Reath LLP on

The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in...more

Sheppard Mullin Richter & Hampton LLP

What Does the Fifth Circuit’s Vacating of HHS HIPAA Fines Mean for Companies This Year?

Sheppard Mullin Richter & Hampton LLP on

Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer...more

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

Proskauer - Whistleblower Defense on

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Robinson+Cole Data Privacy + Security Insider

FTC Reverses ALJ’s Decision In LabMD Case

Robinson+Cole Data Privacy + Security Insider on

Back in November 2015, Chief Administrative Law Judge (ALJ) D. Michael Chappell ruled that the Federal Trade Commission (FTC) failed to show that LabMD, Inc.’s (LabMD) data security practices caused harm to consumers stemming...more

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