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MRO Corporation, CIOX Health, HealthPort Technologies and Medi-Copy Services agreed to a class action settlement to resolve claims they charged unlawful fees for medical record copies.
The settlement benefits patients, attorneys and insurance companies who paid for copies of medical records from West Virginia medical providers and whom MRO Corporation, CIOX Health LLC, HealthPort Technologies LLC and Medi-Copy Services Inc. invoiced or billed for copies.
The settlement class is split into four subclasses:
- Subclass 1 includes patients who requested medical records between Dec. 1, 2010, and June 5, 2014, and paid a per-page fee to obtain these records.
- Subclass 2 includes patients who requested medical records between June 6, 2014, and July 5, 2017, and paid a per-page fee to obtain these records.
- Subclass 3 includes attorneys or insurance companies who requested medical records between June 6, 2014, and July 5, 2017, and paid a per-page fee to obtain these records.
- Subclass 4 includes attorneys or insurance companies who requested medical records between June 6, 2014, and July 5, 2017, and paid a retrieval fee to obtain these records.
Plaintiffs in the class action lawsuit claim the companies improperly charged patients and other purchasers for medical records. According to the plaintiffs, these fees were excessive and violated the law.
MRO Corporation, CIOX Health (now known as datavant), HealthPort Technologies (a datavant subsidiary) and Medi-Copy Services are medical records companies that work with medical providers.
The medical records companies haven’t admitted any wrongdoing but agreed to pay an undisclosed sum to resolve the class action lawsuit.
Under the terms of the settlement, class members can receive a cash payment based on their subclass membership and the fees they paid. Members of subclasses 1, 2 and 3 can receive a cash payment based on the difference between the amount they paid per page for medical records and the negotiated fair price. The negotiated fair prices are $0.50 per page for subclass 1, $0.12 per page for subclass 2 and $0.28 for subclass 3. Members of subclass 4 can receive a full reimbursement payment for any retrieval fees they paid.
The deadline for exclusion and objection is June 18, 2024.
The final approval hearing for the settlement is scheduled for July 11, 2024.
To receive settlement benefits, class members must submit a valid claim form by June 28, 2024.
Who’s Eligible
Patients, attorneys and insurance companies who paid for copies of medical records from West Virginia medical providers and who were invoiced or billed by MRO Corporation, CIOX Health LLC, HealthPort Technologies LLC and Medi-Copy Services Inc. in service of providing these copies.
The settlement class is split into four subclasses:
- Subclass 1 includes patients who requested medical records between Dec. 1, 2010, and June 5, 2014, and paid a per-page fee to obtain these records.
- Subclass 2 includes patients who requested medical records between June 6, 2014, and July 5, 2017, and paid a per-page fee to obtain these records.
- Subclass 3 includes attorneys or insurance companies who requested medical records between June 6, 2014, and July 5, 2017, and paid a per-page fee to obtain these records.
- Subclass 4 includes attorneys or insurance companies who requested medical records between June 6, 2014, and July 5, 2017, and paid a retrieval fee to obtain these records.
Potential Award
Varies
Proof of Purchase
Eligible invoices (including invoice numbers, invoice dates, patient names and provider names)
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
06/28/2024
Case Name
Wilson, et al. v. CIOX Health LLC, et al., Case No. 2:16-CV-05279, in the U.S. District Court for the Southern District of West Virginia
Final Hearing
07/11/2024
Settlement Website
Claims Administrator
Class Counsel
William Tiano
TIANO O’DELL PLLC
Stephen P New
THE LAW OFFICE OF STEPHEN P NEW
Adrian Hoosier
HOOSIER LAW FIRM PLLC
Steven Wolfe
WOLFE WHITE & ASSOCIATES
Amanda J Taylor
TAYLOR HINKLE & TAYLOR INC.
Defense Counsel
Javier F Flores
DINSMORE & SHOHL LLP
Russell D Jessee
STEPTOE & JOHNSON PLLC
Keith E Whitson
WHITEFORD, TAYLOR & PRESTON LLP
John R McGhee Jr
KAY CASTO & CHANEY PLLC
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One thought on W. Va. medical records fees class action settlement
Hello Treva Dacheff here. Mercy hospital in Joplin Missouri along with Mercy Carthage Missouri after asking for my mother’s records we were told that we would have to pay $400 something dollars I filed a complaint with HIPAA and then they sent them in the portal. We also ask for billing and never received it. I have the email confirming they insisted paying over $400 for medical records. This is because, we suspected and then was sure they were withholding the records because they were billing for services that were not provided, and services that were not provided at all. This hospital Mercy Joplin Missouri Mercy Carthage Missouri did this after my mother went to her follow-up on her heart supposedly, then when she was leaving, after 6 months of having back surgery that was successful, her walker wheels turn sideways in the concrete section because the weather had opened it up she flipped completely over on the sidewalk. The following appointment like a week after her injury she had a follow-up with the surgeon that had done the surgery Toby Moore and this time he did not have an assistant he yelled at my mother told her he wasn’t going to do anything for her until she straightened up. That is very obnoxious since she was standing up straight until she flew over her walker. I know he probably didn’t mean that literally however she could not straighten up and still has not straightened up because no one will provide another surgery after this had happened. I’m the daughter and when we go to see the doctors for surgery they tell her they don’t see anything that they can do even though the records clearly state all kinds of post surgery changes that happened on the day she went for the follow-up last year. I have all the records. That’s why I ask for the records because after that they started setting her appointments and then she would show up and they would tell her no she did not have her appointment that day it was another day even though I am very anal about putting it on my phone calendar and looking at the portal. Then they started scheduling two appointments on the same day at one Mercy in Aurora and then the mercy in Joplin Missouri and they are an hour and 45 minutes apart at least. I started noticing this and I can front of them about it, then they became more aggressive and hateful. For instance my mom showed up for the correct appointment we were in the parking lot and she was supposed to have imaging and we were in line and there was no one there to take in the patients that had arrived then they tried to until I threw a fit tell her she was too late she couldn’t get the procedure done. I complained and demanded my mother had her appointment since it was still in the window it was at the time she was supposed to have the x-rays and the lady came back finally from X-rays and said let’s go get your x-rays. So there’s personal injury issue there. I have pictures of the sidewalk I have pictures of my mother I have recordings I have so much evidence. Even talk to some patient relations and showed him everything and they still did not help my mother they treated her like crap we had to change providers. And still till this day no billing records from when she was injured and forward. After she was injured she got edema in her legs and they started bogus treatment where they touched her skin. Just touched her skin. They told her they were going to do wraps to get the edema down they never did that she showed up for injections after the injury with the sidewalk the dema happened in she started retaining fluid she still does till this day and can’t control her blood pressure. We are in Missouri and like I said I have the email where medical records told me you had to pay over $400 to get the records and I got a hold of HIPAA and they said that they warned the hospital of what they were trying to do but nothing came of that, and I will stop here they never sent her billing ever.