Fifth Circ. Reversed HHS Civil Penalties over Hospital Data Breaches
Monday, February 8, 2021 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 Center. The hospital suffered three data breaches, leading HHS to impose over $4 million in civil penalties. That fine was reversed recently by the Fifth Circuit as arbitrary, capricious, and contrary to law. MD Anderson first reported to HHS a lost unencrypted laptop that contained ePHI of 29,021 individuals in 2012. It also mispla...