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Friday, January 29, 2021 On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated the civil monetary penalty (CMP) imposed by the Department of Health and Human Services (HHS)  against the University of Texas M.D. Anderson Cancer Center (M.D. Anderson) in 2017. The court stated that HHS “offered no lawful basis for its civil monetary penalties against M.D. Anderson” and HHS’ “decision was arbitrary, capricious, and contrary to law.” History of the Case Between 2012 and 2013, M.D. Anderson notified HHS of three separate HIPAA breaches, all involving lost or stolen mobile devices, affecting the electronic protected health information (ePHI) of approximately 35k patients. After conducting an investigation, HHS imposed a civil monetary penalty (CMP) of $4,348,000 on M.D. Anderson.

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