ARCare Bid for Federal Cyber Immunity Rejected on Appeal (1)

Arkansas-based ARCare Inc. failed can’t escape liability for a 2022 data breach by claiming immunity under the Federally Supported Health Centers Assistance Act.

The scope of immunity from private litigation under the FSHCAA was limited to the provision of medical care and didn’t extent to other hospital functions such as protecting patients’ personal health information, the US Court of Appeals for the Eighth Circuit said Friday.

Oral argument in the case came nearly two years after the Fourth Circuit rejected a South Carolina hospital’s similar argument for immunity from data-breach liability under the FSHCAA. The US Supreme Court declined to ...