231107P.pdf   12/28/2023  John Doe, I  v.  BJC Health System
   U.S. Court of Appeals Case No:  23-1107
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Smith, Chief Judge, and Melloy and Erickson, Circuit Judges] 
   Civil case - Class Actions. Plaintiffs are or were BJC patients who 
   claimed BJC violated their medical privacy rights under Missouri law by 
   sharing information plaintiffs provided on BJC's online health information 
   portals with Google and Facebook, which then used the information to 
   target ads shown to plaintiffs; the action was brought in state court, and 
   BJC removed it to federal court under the federal officer removal statute 
   - 28 U.S.C. Sec. 1442(a)(1); plaintiffs moved to remand the matter, and 
   the district court granted the motion. BJC appeals the remand order. Held: 
   BJC's actions in complying with the Health Information Technology for 
   Economic and Clinical Health Act did not mean that it was acting under the 
   Department of Health and Human Services; the creation and operation of an 
   online patient portal is not a basic governmental task, and when BJC 
   created the portals it did not act pursuant to an explicit or implied 
   delegation of authority from the HHS or any federal officer; BJC was not a 
   government contractor and did not function in practice as a governmental 
   instrumentality; the subsidy it received for the portals did not provide a 
   basis for removing the case under the federal officer doctrine.