Opinion
22-CV-4977 (KMK) 22-CV-5039 (KMK)
01-25-2024
ORDER
KENNETH M. KARAS, DISTRICT JUDGE
In their motion to substitute briefing, the Parties and the United States debate whether maintaining the confidentiality of patient data is a “medical . . . or related function[]” for the purposes of 42 U.S.C. § 233. Without deciding, but assuming, that confidentiality is such a function, the Court would like the Parties and the United States to address whether that function includes protecting patient data from breaches by third parties, or whether it is limited to protecting against unauthorized disclosure by the deemed Public Health Service entity.
The Parties' and the United States' submissions shall be no longer than 10 pages and are due no later than February 9, 2024.
SO ORDERED.