Class Action Claims CIOX Health Charges Unauthorized Fees for Copies of Medical Records

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A proposed class action claims CIOX Health LLC has charged patients higher fees than permitted under Virginia law for copies of their own medical records.

The 11-page lawsuit says that although CIOX, who provides information retrieval services for healthcare providers, is statutorily allowed to charge only certain fees for copies of patients’ healthcare records, the company nevertheless charges an unauthorized “electronic fee,” among other amounts not permissible by law.

The suit contends that this fee is “nothing more than a profit center” for CIOX, and exceeds the “generous amounts” companies may charge under Virginia law.

According to the case, when a patient or their attorney requests medical records in Virginia from a healthcare provider for litigation purposes, the provider may not charge more for the copies than the following statutory amounts:

• For records produced in paper or hard copy format, $0.50 per page for the first 50 pages and $0.25 per page for pages in excess of 50;
• For hard copy records produced from microfilm or another micrographic process, $1 per page;
• For electronic records, $0.37 per page for the first 50 pages and $0.18 per page for pages in excess of 50;
• A $20 fee for search and handling; and
• All postage and shipping costs.

Moreover, the total amount charged to the records requester, including the search and handling fee and the costs of postage and shipping, may not exceed $150 for requests made between July 1, 2017 and July 1, 2021, or $160 for requests made on or after July 1, 2021, the case relays.

When a healthcare provider must convert hard copies of a patient’s medical records to electronic format, the fees for producing hard copies apply and there is no limitation on the total cost, the suit adds.

The lawsuit alleges, however, that CIOX runs afoul of the fee limitations set by Virginia law and charges unauthorized fees for copies of patients’ medical records, including a $2.00 amount labeled as an “electronic fee.”

“No such charge for an ‘electronic fee’ is allowed,” the complaint states.

The lawsuit looks to represent anyone in Virginia who, at any time within the past five years and until the date of trial, was a patient of any healthcare provider in the state and requested, or had their attorney request, copies of their healthcare records where the requests were fulfilled by CIOX and the patient was charged an “electronic fee” or other fees not authorized by Virginia law.

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