![]() ![]() The devices were unencrypted and MD Anderson voluntarily reported these incidents to HHS’s Office for Civil Rights. The case stems from a laptop stolen from a researcher’s home and two lost USB drives. The three-member panel unanimously vacated a $4.3 million penalty that HHS sought to enforce against MD Anderson, finding that HHS had “no lawful basis for its civil monetary penalties.” The published opinion specifically held that “he Government’s CMP order against MD Anderson was arbitrary, capricious, and otherwise unlawful” under the federal Administrative Procedure Act. The US Court of Appeals for the Fifth Circuit issued its ruling in the landmark HIPAA case between The University of Texas MD Anderson Cancer Center (MD Anderson) and the US Department of Health and Human Services (HHS).
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