DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Court Declines to Dismiss Claims Against Business Associate Subcontractor Responsible for HIPAA Breach

Posted on February 1, 2018 by Dissent

CVS Pharmacy, Inc. v. Press America, Inc., 2018 WL 318479 (S.D.N.Y. 2018)

A federal court has declined to dismiss a lawsuit filed by a pharmacy benefit manager (PBM) against a mail service that violated the HIPAA privacy rule when it misaddressed mail and improperly disclosed protected health information (PHI) of 41 individuals. The PBM, which contracted with a group health plan to provide mail-order pharmacy services, subcontracted certain functions to the mail service. Both the PBM and the mail service were subject to HIPAA privacy and security rules—the PBM as the health plan’s business associate and the mail service as a business associate subcontractor. According to the PBM, the mail service’s unauthorized disclosures violated a performance standard under the PBM’s contract with the health plan and triggered a payment of over $1.8 million by the PBM to the plan. The PBM then sought indemnification from the mail service, both under its business associate subcontract and common-law principles, and also contended that the mail service was negligent. The mail service moved to dismiss these claims.

Read more on EBIA.

Related posts:

  • CVS, Walgreens settle with Indiana AG
  • CVS, Walgreens settle with Indiana AG
  • Maryland Attorney General's Office enforcement actions for improper disposal of records with PHI
  • The CoPilot Provider Support Services incident: The HIPAA issue
Category: Commentaries and AnalysesHealth DataOf NoteSubcontractor

Post navigation

← Forrest General Hospital patients notified after business associate breach involving protected health information
People are taking Equifax to small-claims court via chatbot — and winning →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • National Health Care Fraud Takedown Results in 324 Defendants Charged in Connection with Over $14.6 Billion in Alleged Fraud
  • Swiss Health Foundation Radix Hit by Cyberattack Affecting Federal Data
  • Russian hackers get 7 and 5 years in prison for large-scale cyber attacks with ransomware, over 60 million euros in bitcoins seized
  • Bolton Walk-In Clinic patient data leak locked down (finally!)
  • 50 Customers of French Bank Hit by Insider SIM Swap Scam
  • Ontario health agency atHome ordered to inform 200,000 patients of March data breach
  • Fact-Checking Claims By Cybernews: The 16 Billion Record Data Breach That Wasn’t
  • Horizon Healthcare RCM discloses ransomware attack in December
  • Disgruntled IT Worker Jailed for Cyber Attack, Huddersfield
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • The Trump administration is building a national citizenship data system
  • Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy
  • New Jersey Issues Draft Privacy Regulations: The New
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report
  • Germany Wants Apple, Google to Remove DeepSeek From Their App Stores
  • Supreme Court upholds Texas law requiring age verification on porn sites
  • Justices nix Medicaid ‘right’ to choose doctor, defunding Planned Parenthood in South Carolina

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.