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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.