Ciox Health Class Action Says Patients are Overcharged for Medical Records

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A class action lawsuit was filed against the largest providers of medical records in the country, alleging that they charge unreasonable fees to consumers for access to their own personal health information (PHI) in violation of federal law.

The complaint against Healthport Technologies LLC, Iod Inc., and Ciox Health states that these companies are “the largest provider[s] of release of information (‘ROI’) services,” and that they partner with “thousands of hospitals, health systems, physician practices and clinics” in order to “process and fulfill medical record requests.”

The medical record overcharge class action lawsuit states that Healthport and Iod merged in July of 2015 to form Ciox, “the single largest access point for meaningful health information in the country.”

The complaint claims that Ciox handles “over 50 million requests for health information” for roughly 75,000 hospitals and other medical providers.

“Information is essential fuel for the engine of health care,” according to the class action, and Ciox and its two predecessors Healthport and Iod all have overcharged consumers for their information services through their healthcare provider partners.

“By charging individuals unreasonable fees associated with their service for the process and fulfillment of an individual’s request for his/her medical records, Defendants have caused consumers actual monetary harm for out of pocket costs and expenses,” the complaint asserts.

The Ciox medical record overcharge class action states that fees for PHI are governed by federal law. The Health Insurance Portability and Accountability Act (HIPAA) protects consumers’ medical information. The complaint states that health providers and anyone else with access to PHI must protect that information, and can only charge “reasonable, cost-based” fees to consumers who want copies of their records.

The class action cites guidance issued by the federal Health and Human Services agency in March of 2016, which provides that “per page fees were not permitted for electronic copies of PHI.” Furthermore, the most that can be charged for documents available in an electronic format is $6.50, according to the class action.

Plaintiffs Leon Kuchenmeister, Cindy A. Hugger-Gravitt, and Beth A. Bretoi all state that they are residents of Minnesota, and requested their own PHI and medical records from their health providers in an electronic format. Despite requesting these records electronically, which the class action maintains were also kept electronically, all three plaintiffs were allegedly charged a per-page fee by defendants, which resulted in invoices of $78.12 for Kuchenmeister, $97.71 for Hugger-Gravitt, and $241.28 for Bretoi.

The medical record class action requests certification of a Class of all persons “whose PHI was maintained in electronic format, requested their PHI in electronic format,” and who paid more than $6.50 to defendants for providing that information. The class action seeks a return of all fees paid over $6.50, including compensatory and punitive damages. In addition, the complaint requests an injunction prohibiting defendants from these unreasonable billing practices.

Kuchenmeister, Hugger-Gravitt, and Bretoi are represented by Justin T. Holcombe, Kris Skaar, James M. Feagle, and Cliff R. Dorsen of Skarr & Feagle LLP, Christopher P. Martineau and Christopher A. Johnston of Johnston Martineau PLLP, and Keith J. Keogh and Donald L. Sawyer of Keogh Law Ltd.

The Ciox Medical Record Overcharge Class Action Lawsuit is Leon Kuchenmeister v. Healthport Technologies LLC, et al., Case No. 1:17-cv-01001, in the U.S. District Court for the District of Georgia, Atlanta Division.