The Matrix
Photo of The Matrix Angela I. Gamalski
Associate
agamalski@honigman.com
313.465.7304
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Showing 2 posts by Angela I. Gamalski.

Putting M.D. Anderson in Context: Unpacking the 5th Circuit Dismissal of HIPAA Penalties

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On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit issued its opinion vacating the $4.3 million penalty that the U.S. Department of Health and Human Services (“HHS”) had levied against the University of Texas M.D. Anderson Cancer Center (“M.D. Anderson”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”).  Eye-popping penalty amounts for HIPAA and HITECH Act violations have picked up steam in recent years. However, the M.D. Anderson case is among the first such settlement to be litigated. The Fifth Circuit decision contains some critical takeaways as to key requirements under HIPAA and the enforcement actions available to HHS, and should be of particular interest to healthcare providers and also insurers writing cybersecurity policies. More

U.S. Department of Commerce Proposed Restrictions to Secure the IT Supply Chain

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Over the last few weeks, the federal government has issued a number of trade sanctions and restrictions targeting the People’s Republic of China.  These include prohibitions on investments in certain companies deemed to be Chinese military companies, and further restrictions on any business relationships with an entity connected to Huawei.  This article discusses certain new restrictions with significant data, privacy and cybersecurity implications. More

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