About The Settlement
This Lawsuit involves allegations against Ciox, formerly known as Healthport for violation California Evidence Code section 1158 (“Section 1158”). In general terms, Section 1158 states that “if an attorney at law or his or her representative presents a written authorization therefor signed by a patient” to a “medical provider,” “the medical provider shall promptly make all of the patient’s records under the medical provider’s custody or control available for inspection and copying.” Section 1158 allows for “all reasonable costs incurred by a medical provider in making patient records available pursuant to this section to be charged against the attorney who requested the records,” but limits those “reasonable costs” (to, e.g., “ten cents ($0.10) per page for standard reproduction of documents of a size 8 ½ by 14 inches or less…”).
The Lawsuit alleges that when responding to attorneys’ pre-litigation requests for their client’s medical records in advance of litigation, Ciox formerly known as HealthPort violates Section 1158 by charging more than the amounts allowed by the statute.
After certification of the Class, exchange of information and documents, and settlement negotiations, the Class representative and Ciox formerly known as HealthPort have agreed to settle the claims rather than go to trial. The Settlement represents a compromise of disputed claims and is not an admission that any of the defendants violated the law. The parties and their attorneys believe the Settlement is in the Class’ best interests given the risks and expense of going to trial.
Settlement Class members include:
All adult patients, guardians or conservators of adult patients (or of the adult patient’s estate), parents or guardians of minor patients, or personal representatives or heirs of deceased patients, attorneys, or law firms who: (1) requested medical records from a hospital or other medical provider (as enumerated in California Evidence Code § 1158) located in California; (2) (i) through an attorney at law or his/her representative or (ii) as an attorney at law or through such attorney’s representative pursuant to a signed authorization (but in the case of 2(ii), only if such attorney paid for and was not reimbursed for the applicable charges); (3) prior to litigation, and (4) were charged by Ciox Health, LLC formerly known as HealthPort Technologies, LLC (and paid) more than: (a) ten cents ($0.10) per page for reproduction of medical records 8½ x 14 inches or less, (b) twenty cents ($0.20) per page for reproduction of medical records from microfilm, (c) $16.00 per hour (computed on the basis of four dollars per quarter hour or fraction thereof) for clerical costs, (d) actual postage charges, and/or (e) actual costs charged by a third person during the Class Period.
To be eligible to receive a reimbursement payment, you or the attorney who requested your records (“Requesting Attorney”) must submit a claim form. A claim form has been mailed to all addresses on file for the Requesting Attorneys, and can also can also be downloaded here. All claims forms must be postmarked or submitted electronically by May 23, 2020.
In order to exclude yourself, mail a letter to the Claims Administrator, postmarked by March 16, 2020, stating, “I hereby assert my right to be excluded from the Class in Kristen Nicodemus, et al., vs. Ciox Health, LLC, formerly known as HealthPort Technologies, LLC, et al., San Francisco Superior Court Case No. CGC-13-531076.” Print your name and mailing address, as well as the name and mailing address of your attorney who requested medical records on your behalf. Sign the letter and mail it to the Claims Administrator at Records Overcharge Class, c/o Analytics LLC, P.O. Box 2005, Chanhassen, MN 55317-2005. You may also submit a request for exclusion electronically, to info@RecordsOverchargeClass.com, but such request must be signed by hand and scanned, and must be sent no later than March 16, 2020. You will not receive any Settlement proceeds if you are excluded from the Settlement Class.
Please further note, if you request exclusion from the Settlement you may not also object to the Settlement; if you attempt to submit both an exclusion request and an objection, you will be bound by your opt-out.
If you believe the Settlement is unfair or inadequate, you may object, personally or through an attorney, by mailing a copy of your objection to the Claims Administrator. You cannot object to the Settlement and exclude yourself from the Settlement. If you attempt to object and exclude yourself from the Settlement, only your exclusion will be considered.
If you wish to object to the Settlement, you must mail a written, personally signed (in ink) statement to the Claims Administrator that contains your name, address and telephone number. Your objection must also contain the words “I object to the Settlement in Nicodemus vs. Ciox Health, LLC, formerly known as HealthPort Technologies, LLC, et al.,” and set forth the legal and factual basis for the objection. To be effective, your objection must be mailed to the Claims Administrator at Records Overcharge Class, c/o Analytics LLC, P.O. Box 2005, Chanhassen, MN 55317-2005 postmarked no later than March 16, 2020. You may also submit an objection electronically, to info@RecordsOverchargeClass.com, but such objection must be signed by hand and scanned, and must be sent no later than March 16, 2020. Do not telephone the court or Ciox/HealthPort’s counsel.
If you or your counsel wish to appear in Court at the hearing on final approval of the Settlement, you (and your counsel, if any) must include a statement in your written objection to that effect, and include with your objection copies of any papers, exhibits, or other evidence that you or your counsel intend to present to the Court in connection with your objection. If you hire your own lawyer, you are responsible for paying for that lawyer.
The Court has determined that Lori Andrus, of Andrus Anderson LLP and Mark Burton, of Hersh & Hersh P.C. are qualified to represent all Class Members. Lawyers for these firms are called “Class Counsel.” They are experienced in handling similar cases.