On Friday a case was removed from the Montgomery County Circuit Court to the Maryland District Court. The case was filed by Charles Pugh and Veronica Stewart as a class action against Ciox Health LLC and Peter McCabe, and alleges violatiosn of the Maryland Confidentiality of Medical Records Act.
The act, the state court complaint explains, covers numerous aspects of medical records, including governance of the types of charges that may be imposed by health care providers and their agents, as well as the amounts generally of those charges. Specifically, when requested in paper format, the maximum charge is set to $0.76 per page, while electronic format records is limited to 75% of the paper per page fee or $0.57 per page.
Beyond the per page fee, the act also limits any other types of charges, only permitting a preparation fee not to exceed the capped amount of $22.88. The act also limits charges depending on the intended use of the medical record, for example an express prohibition on charging for medical records when requested by a patient or patient’s representative for the purpose of filing for or appealing a Social security issue.
The plaintiff accuses the defendant of charging “junk” fees or fees beyond the per page limit and preparation charges. The plaintiff also states that the defendant charges the preparation fee even when there are no medical records to produce, as well as charging more than the permitted percentage for electronic records.
The plaintiffs are suing for violation of the Maryland Confidentiality of Medical Records act, violation of the Maryland Consumer Protection Act, and violation of the Maryland Debt Collection Act. Plaintiff is represented by Gordon Wolf & Carney and Gilman & Bendigian, LLC. Plaintiffs are represented by Kirkland & Ellis and Gordon Feinblatt.
