Fifth Circuit Decision Raises Cyber Enforcement Complications for the U.S. Department of Health and Human Services

As the Biden administration begins detailing its regulatory and enforcement priorities, it faces a new challenge on the health data privacy and security front. In University of Texas M.D. Anderson Cancer Center v. United States Department of Health and Human Services, No. 19-60226 (5th Cir. 2021), the Fifth Circuit vacated a $4.3 million penalty against a covered entity, limited the U.S. Department of Health and Human Services’ (“HHS”) interpretation of two key data privacy and security...
By: Alston & Bird

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