This case is about the price of healthcare and the inflated cost of medical records. We filed this case in the Western District of New York on May 14, 2014 on behalf of all persons who were charged for medical records through CIOX Health, LLC (formerly HealthPort Technologies), the Rochester General Hospital, the Unity Hospital of Rochester, and F.F. Thompson Hospital since 2008. The complaint alleges violations of New York law concerning the cost of responding to requests for medical records.

This case is entitled Marissa Carter, Evelyn Grys, Bruce Currier, Sharon Koning, Sue Beehler, Marsha Mancuso, and Jaclyn Cuthbertson, v. CIOX Health, LLC, the Rochester General Hospital, the Unity Hospital of Rochester, and F.F. Thompson Hospital, Inc., Case No.: 6:14-cv-06275

Update Info

Case Updates

January 6, 2021

CIOX Health, LLC Update

On December 10, 2020, the Court stayed this case pending resolution of the appeal in Ortiz v. Ciox Health, LLC, No. 19-1649 (2d Cir. 2019).

May 17, 2016

2nd Circuit Revives Claims for Overcharging for Medical Records

The Second Circuit recently revived a class action lawsuit against hospitals and Healthport Technologies, a medical records company, for charging excessive fees for medical records. The lawsuit was brought by clients of Nichols Kaster on behalf of other individuals who were allegedly routinely overcharged for copies of their medical records.

The medical records lawsuit alleges that the defendants' policies violate New York law, which prohibits healthcare providers from charging more than their actual costs for copies of medical records. The plaintiffs’ complaint states that the 75 cents per page charged by the defendants far exceeded the cost of producing copies of their records, and that the defendants routinely charged 75 cents per page even when the medical records were delivered electronically over the Internet.

The district court had granted defendants’ motion to dismiss on the grounds that the plaintiffs lacked standing to sue because their attorneys, rather than themselves, had paid the charges for the medical records. In an opinion dated May 10, 2016, the Second Circuit reversed the district court, holding that the complaint adequately alleged that the plaintiffs were ultimately responsible for the charges and that the plaintiffs’ attorneys were acting as their clients agents when requesting the medical records.

The plaintiffs are represented by Kai Richter from Nichols Kaster, PLLP, and Stephen Schwarz and Kathryn Lee Bruns from Faraci & Lange LLP.

For more information about the case, visit the page for the HealthPort Technologies medical records class action.

Attorneys

• Anna P. Prakash