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The United States Court of Appeals for the Fifth Circuit (the “Court”) vacated a $4,348,000 civil monetary penalty (“CMP”) imposed by the U.S. Department of Health and Human Services’ Office for Civil Rights (“HHS-OCR”) in 2017 against the University of Texas M.D. Anderson Cancer Center (“MD Anderson”) for alleged violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule and HIPAA Security Rule. The Court held that OCR’s actions were “arbitrary, capricious, and otherwise unlawful” and remanded the case for further proceedings. While the case is not binding precedent outside the Fifth Circuit, MD Anderson is the first HIPAA Covered Entity to appeal its fine to a Circuit Court since the HIPAA Privacy Rule and the HIPAA Security Rule took effect. The ruling likely will motivate future HIPAA settlement negotiations with HHS-OCR and encourage HIPAA Covered E
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The United States Court of Appeals for the Fifth Circuit recently found that the United States Department of Health and Human Services (HHS) lacked a lawful basis for a $4.3 million civil money penalty order that it issued to a healthcare provider for alleged violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Covered entities and business associates should take note of the court’s decision to provide guidance on their HIPAA compliance efforts and response to enforcement actions taken by HHS. This decision could significantly impact future HHS enforcement actions.
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The New York Department of Financial Services (DFS), which regulates certain covered entities and licensed persons in the financial services sector doing business in New York, recently provided guidance to its regulated entities that the annually required Certificate of Compliance with the DFS Cybersecurity Regulations must be submitted no later than April 15, 2021.
To find out whether a company is covered by the DFS Cybersecurity Regulations, DFS has established a portal to search applicable regulated entities. The portal also is used to file the annual certification. According to DFS, “All Covered Entities and licensed persons who are not fully exempt from the Cybersecurity Regulation are required to submit a Certificate of Compliance no later than April 15, 2021, attesting to their compliance for the 2020 calendar year.”
Highlights
The Federal Deposit Insurance Corporation (FDIC) approved a final rule that clarifies how it intends to treat applications to insure an industrial bank or industrial loan company (ILC) or to merge with or acquire control of an ILC.
ILC charters are sought because owning or controlling an ILC is the only way for nonfinancial services companies, which are prohibited under the federal Bank Holding Company Act (BHCA) from owning or controlling a bank, to offer banking services and products (including deposit products) to their customers.
The final rule provides that, in any case where approval of such an application will result in a nonfinancial company owning or controlling an insured ILC and thus not being subject to the BHCA or to consolidated supervision by the Federal Reserve Board as provided in the BHCA: 1) the approval must include certain conditions and commitments and 2) the company and the ILC must have entered into one or more written agreements with the FDIC.