News & Analysis as of July 30, 2025

Health Insurance

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

FBI Warning: Criminals Posing as Health Insurers and Fraud Investigators Are Targeting Providers and Patients

Akerman LLP - Health Law Rx on 7/1/2025

The FBI issued a warning on June 27, 2025, that criminals impersonating healthcare insurers and fraud investigators are sending text messages and emails to healthcare providers and patients to trick them into providing...more

Ascension Health Notifying 5.6 Million of Data Breach

Robinson+Cole Data Privacy + Security Insider on 1/3/2025

We previously reported that Ascension Health detected a cyber-attack on May 8, 2024, that affected clinical operations in Ascension facilities in six states....more

Change Healthcare Cybersecurity Incident: Financial Impact and Resulting Litigation

Holland & Knight LLP on 6/24/2024

On Feb. 21, 2024, the ransomware hacker group ALPHV, otherwise known as "BlackCat," disabled Change Healthcare's nationwide healthcare billing and information systems and demanded a ransom to unlock them....more

Dental/DSO Intelligence Monthly Report: March 2024

Benesch on 4/4/2024

On Feb. 27, the FBI and HHS issued a warning urging network defenders to review their joint advisory for healthcare organizations to protect against malicious activity after a ransomware group leader said it will be focusing...more

Benefits Monthly Minute - March 2024

Keating Muething & Klekamp PLL on 4/1/2024

The March Monthly Minute digs into an Ohio district court ruling that rejected application of a medical plan exclusion, missing participant guidance and related audit concerns, and responses to the Change Healthcare...more

Healthcare Authority Newsletter - March 2024 #2

Arnall Golden Gregory LLP on 3/15/2024

News Briefs - U.S. to Accelerate Medicare Payments in Wake of Cyberattack - The U.S. government said it will accelerate Medicare and Medicaid payments to some hospitals hurt by a hack at insurer UnitedHealth's technology unit...more

Healthcare Authority Newsletter - February 2024 #1

Arnall Golden Gregory LLP on 2/12/2024

News Briefs - Poll Finds Americans Cautiously Optimistic About AI in Healthcare Americans are cautiously optimistic that AI will be able to improve the healthcare they receive, a new Cleveland Clinic survey finds. About three...more

The Next Big Things: Insights for 2020

Morgan Lewis on 2/10/2020

Autonomous cars, sports betting, and CBD products have burst onto the scene, setting the stage for major developments in how companies do business and how regulators monitor new innovations....more

Supreme Court Denies Cert Petition in CareFirst v. Attias

Ballard Spahr LLP on 2/22/2018

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Supreme Court Declines Review of Standing in Data Breach Class Actions

Carlton Fields on 2/21/2018

Counsel hoping for Supreme Court guidance on standing issues dividing the circuit courts will have to wait a bit longer. On February 20, the Court denied a petition for writ of certiorari in Attias v. CareFirst to resolve a...more

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

Robinson+Cole Data Privacy + Security Insider on 2/6/2018

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their...more

U.S. Supreme Court Watch: Whether to Resolve Circuit Split on Standing for Data Breach Plaintiffs

Patterson Belknap Webb & Tyler LLP on 2/2/2018

At its first conference this month, the U.S. Supreme Court will consider whether to weigh in on a Circuit split over standing to sue in the aftermath of a data breach. ...more

Florida Blue Breach Exposes Applications of 939 Individuals

Robinson+Cole Data Privacy + Security Insider on 11/27/2017

Blue Cross Blue Shield of Florida (Florida Blue) has announced that 475 applications for insurance were backed up to the cloud, on an unsecured cloud server, by an unaffiliated agent of Real Time Health Quotes, and exposed...more

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

Carlton Fields on 11/21/2017

As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Data Privacy + Cybersecurity Insider - October 2017 #4

Robinson & Cole LLP on 10/27/2017

Energy and Critical Infrastructure Industries Warned of Increased Attacks by FBI and DHS - The FBI and Department of Homeland Security issued a joint statement on October 20, 2017 warning of an increased danger of a...more

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

Orrick, Herrington & Sutcliffe LLP on 9/8/2017

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

Moore & Van Allen PLLC on 8/15/2017

Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

Fenwick & West LLP on 8/14/2017

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

Carlton Fields on 8/7/2017

We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

Federal Appeals Court Says Healthcare Insurer Must Face Data Breach Lawsuit

Patterson Belknap Webb & Tyler LLP on 8/4/2017

A federal appeals court earlier this week dealt a blow to healthcare insurer CareFirst, Inc., concluding that a group of customers have the right to pursue a class action data breach lawsuit based on a 2014 cyberattack....more

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

Ballard Spahr LLP on 8/3/2017

The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

3.3 Million Health Records Breached by Business Associate Newkirk

Robinson+Cole Data Privacy + Security Insider on 8/22/2016

Newkirk Products Inc., which provides ID cards and management services for healthcare organizations, including multiple Blue Cross Blue Shield organizations, has announced that it has discovered that its computer system was...more

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

Ballard Spahr LLP on 8/17/2016

The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

Carlton Fields on 6/30/2016

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

10 million Excellus Blue Cross Blue Shield members’ information compromised

Robinson+Cole Data Privacy + Security Insider on 9/11/2015

Yesterday, Excellus Blue Cross Blue Shield, located in Rochester, NY, announced that it will notify up to 10 million members that it was the victim of a cyber-attack dating back to December of 2013 that exposed their members’...more

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