The New York State Court of Appeals (New York’s highest court) has issued a decision in Ortiz v. Ciox Health, LLC
holding that there is no private right of action for patients to sue for being overcharged the 75¢ per page maximum for paper copies of patient records. The remedy is for the patient to complain to the New York State Department of Health and/or professional disciplinary authorities, not to take the matter to court. The Court of Appeals does a good job explaining its legal test for when a private right to sue is authorized or not. To read the complete Court of Appeals opinion in Ortiz v. Ciox Health, LLC
, use the link below.