Morgan Lewis partner Scott McBride spoke with Law360 about the recent ruling which dismissed charges against The University of Texas MD Anderson Cancer Center. xOn January 14, the US Court of Appeals for the Fifth Circuit dismissed a $4.3 million penalty imposed by the US Department of Health and Human Services (HHS) for a trio of data breaches by the MD Anderson Center. The court found that the HHS hadn’t shown that the medical provider had failed to do enough to protect patients’ health data from being unlawfully disclosed and ruled that the penalty was “arbitrary, capricious and otherwise unlawful" under the Administrative Procedures Act.
In response to the ruling, Scott McBride, who led the Morgan Lewis team that represented MD Anderson, told Law360 that “Today’s decision, in particular with respect to stolen devices and encryption requirements, will impact OCR enforcement actions going forward across the health care industry.”
The case was also covered by Bloomberg Law