BJC Health System can’t remove a proposed privacy class action alleging it illegally shared personal health information from its online patient portal with third-party services to federal court because it isn’t a federal officer or agency, the Eighth Circuit ruled.
The Eighth Circuit rejected BJC’s arguments that the federal officer removal statute applied because it exercised explicit or implicit authority from the Department of Health and Human Services to create and operate its patient portal. The court on Thursday affirmed the district court’s order to remand to state court.
The portal allowed patients and personnel to access health records and ...
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