News & Analysis as of

Class Action Health Insurance Portability and Accountability Act (HIPAA)

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Clark Hill PLC

Right To Know - July 2025, Vol. 31

Clark Hill PLC on

Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Texas Limits Punitive Damage Liability For Data Security Breach...more

Robinson+Cole Data Privacy + Security Insider

Data Breach Lawsuits Surge Against Chord Specialty Dental Partners

Pennsylvania-based Chord Specialty Dental Partners is under fire after a September 2024 data breach compromised the personal information of over 173,000 individuals. At least seven proposed class action lawsuits have been...more

Groom Law Group, Chartered

One Court Permits Tobacco Premium Surcharge Claims to Proceed Beyond the Pleading Stage, While Dispositive Motions Remain Pending...

In fall 2024, plaintiffs filed a wave of putative class action lawsuits against employers challenging wellness programs that impose a health coverage premium surcharge on participants if they do use tobacco or do not complete...more

Morris, Manning & Martin, LLP

Insured Files Lawsuit Over Coverage for Disclosure of Private Health Information

An insured who purchased insurance specifically for privacy injury liability was recently forced to sue its insurer after it denied coverage. The insured allegedly “installed web beacons and cookies on its platforms so that...more

Amundsen Davis LLC

Refusing to Quit: Class Actions on Tobacco Surcharges in Health Plans Continue

Amundsen Davis LLC on

Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. With yet another lawsuit filed...more

Morgan Lewis - ML Benefits

Tobacco Surcharge Lawsuits: Considerations for Plan Sponsors

A growing number of class action lawsuits have been filed against employer-sponsored self-insured group health plans alleging that tobacco cessation wellness programs violate key provisions of the Employee Retirement Income...more

Orrick, Herrington & Sutcliffe LLP

First Lawsuit Filed Under Washington’s My Health My Data Act

On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Robinson+Cole Data Privacy + Security Insider

American Addiction Centers Hit with PHI Breach Class Action

American Addiction Centers Inc. faces a class action in the Middle District of Tennessee for allegations that it violated the Health Insurance Portability and Accountability Act (HIPAA) by failing to protect patient data from...more

Goodwin

Health Headlines - December 2024

Goodwin on

Welcome to the first issue of Health Headlines, a newsletter created by lawyers in our Healthcare practice. In this issue, we cover Medicare Part C oversight, new cybersecurity legislation, healthcare lawsuits and deals, and...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 1

BakerHostetler on

Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - October 2024

The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more

Ballard Spahr LLP

Tobacco Surcharge Lawsuits Lighting Up Common Wellness Program Designs

Ballard Spahr LLP on

A new and unprecedented wave of class action complaints is targeting a common feature of many employer-sponsored benefit plans: tobacco-user surcharges. These surcharges are often part of a wellness program that charges...more

Proskauer - Health Care Law Brief

Shortly After its Online Tracking Technologies Bulletin is Declared Unlawful, HHS-OCR Stands Down, Withdraws Appeal

On August 29, 2024, the Office for Civil Rights of the United States Department of Health and Human Services (“HHS-OCR”) withdrew its appeal of an order by the United States District Court for the Northern District of Texas’...more

Robinson+Cole Data Privacy + Security Insider

Lehigh Valley Health Network Settle Class Action Case for $65M

Lehigh Valley Health Network (LVHN) has agreed to settle a class action filed against it following a February 2023 ransomware attack that compromised personal information of patients, including medical and treatment...more

Gardner Law

[Hybrid Event] “Steer” Clear of Legal Lassos: Readiness Strategies for FDA-Regulated Companies - May 1st, Austin, TX

Gardner Law on

Join Gardner Law for a half-day CLE event in person at the Capital Factory in Austin, TX or attend virtually. Prepare for the regulatory rodeo with confidence by learning how to navigate regulatory, compliance, and privacy...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

ArentFox Schiff on

2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Clark Hill PLC

Right To Know - March 2024, Vol. 15

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Jackson Lewis P.C.

Top 10 for 2024 – Happy Data Privacy Day!

Jackson Lewis P.C. on

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024. 1. AI regulations to protect data privacy. Automated decision-making tools, smart cameras, wearables,...more

Stark & Stark

Cybersecurity Lawsuit Against NJ Hospitals After Data Breach

Stark & Stark on

Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more

Jackson Lewis P.C.

Illinois BIPA’s Healthcare Exemption Not Limited to Patient Information, Illinois Supreme Court Rules

Jackson Lewis P.C. on

Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric...more

Holland & Knight LLP

Lawsuit Seeks to Block OCR HIPAA Guidance on Online Tracking Tools

Holland & Knight LLP on

Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties. ...more

Sheppard Mullin Richter & Hampton LLP

Caught in the Web: Hospital Associations Sue OCR on Third-Party Web Tracking Guidance

On November 2, 2023, the American Hospital Association and Texas Hospital Association, in conjunction with the Texas Health Resources and United Regional Health Care System, filed suit against the Secretary of the Department...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

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