HIPAA
Shannon B. Hartsfield
To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements or penalties. In
Univ. of Texas M.D. Anderson Cancer Ctr. v. U.S. Dept. of Health and Human Servs. No. 19-60226, 2021 WL 127819 (5th Cir. Jan. 14, 2021), the court vacated significant penalties against M.D. Anderson Cancer Center (M.D. Anderson) in a manner that could lead to changes to HIPAA enforcement in the future. The court found that HHS decision to fine M.D. Anderson $4,348,000 was arbitrary, capricious, and contrary to law.