NYSDA Publications

New York State Court of Appeals Rejects Private Right to Sue Over Patient Being Overcharged for Patient Record Copies

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.
https://www.nycourts.gov/ctapps/Decisions/2021/Nov21/26opn21-Decision.pdf
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