A privacy suit accusing one of the state of Missouri’s largest health care providers of secretly transmitting personal health information to third parties is heading back to a Missouri state court, the U.S. Court of Appeals for the Eighth Circuit decided last week.

The Eighth Circuit affirmed the U.S. District Court for the Eastern District of Missouri’s decision that remanded a putative class action against SM Health Care Corp., doing business as SSM Health, from federal to state court. SSM Health appealed Chief U.S. District Judge Stephen R. Clark’s ruling, arguing it could remove the suit to federal court under 28 U.S. Code Section 1442 and that the court had jurisdiction under the Class Action Fairness Act (CAFA). According to SSM, the plaintiff, John Doe’s allegations that it shared private health information with third-party marketing services were based on SSM “acting under” the directives of the National Coordinator of Health Information and participating in the Meaningful Use Program (MUP).