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Court Declines to Dismiss Claims Against Business Associate Subcontractor Responsible for HIPAA Breach
Thomson Reuters / EBIA Link to more items from this source
Feb. 2, 2018
"The PBM, which contracted with a group health plan to provide mail-order pharmacy services, subcontracted certain functions to the mail service.... 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." [CVS Pharmacy, Inc. v. Press America, Inc., No. 17-190 (S.D.N.Y. Jan. 3, 2018)]

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