Analysis

5th Circ. Creates Roadblocks For New HHS Privacy Enforcers

Law360 (February 5, 2021, 6:02 PM EST) -- The Biden administration could face a tougher time punishing data security missteps and securing record-setting fines following an unprecedented Fifth Circuit ruling in January that cut down a $4.3 million penalty against MD Anderson Cancer Center.

In a first-of-its-kind challenge to a penalty issued under the Health Insurance Portability and Accountability Act, a unanimous appellate panel slammed the U.S. Department of Health and Human Services for holding MD Anderson to an unreasonably strict encryption standard and imposing a harsh punishment that didn't align with prior enforcement actions or its guidelines for calculating penalties.

"The Fifth Circuit's decision essentially eviscerates HHS' ability...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!