MEDICAL PATIENTS: IF AN ATTORNEY REQUESTED PATIENT RECORDS ON YOUR BEHALF BEFORE THE FILING OF AN ACTION (OR THE APPEARANCE OF A DEFENDANT), A PENDING CLASS ACTION MAY AFFECT YOUR RIGHTS
ATTORNEYS: IF YOU REQUESTED PATIENT RECORDS FROM A CALIFORNIA MEDICAL PROVIDER ON BEHALF OF A CLIENT, BEFORE THE FILING OF AN ACTION (OR THE APPEARANCE OF A DEFENDANT), A PENDING CLASS ACTION MAY AFFECT YOUR CLIENTS’ RIGHTS
April 30, 2018 - Postmarked Deadline to Opt-Out of Class
Kristen Nicodemus, et al. vs. Saint Francis Memorial Hospital, et al., San Francisco Superior Court Case No. CGC-13-531076 (“Case”), alleges that Ciox Health, LLC f/k/a Healthport Technologies, LLC’s (“Ciox/HealthPort”) charges copy-cost fees in excess of the “reasonable costs” set forth in California Evidence Code section 1158 (“Section 1158”) when responding to attorneys’ pre-litigation requests for their client’s medical records in advance of litigation (“Section 1158 Requests”).
WHAT THE LAWSUIT IS ABOUT
Kristen Nicodemus (“Plaintiff”) filed this case, alleging that Ciox/HealthPort has a practice of responding to Section 1158 Requests on behalf of medical providers and then charging more than permitted by Section 1158, and further alleges that this violates the law.
Plaintiff seeks to change Ciox/Healthport’s and Saint Francis Memorial Hospital’s (“Saint Francis”) business practices. Plaintiff also seeks reimbursement for improper overcharges paid by members of the Class.
Ciox/HealthPort and Saint Francis deny Plaintiff’s allegations in the Case, and contend their business practices do not violate Section 1158 and are lawful.
LEGAL RIGHTS AND OPTIONS OF CLASS MEMBERS
All persons who fit the following description are members of the Class:
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, who: (1) requested medical records from a hospital or other medical provider (as enumerated in California Evidence Code § 1158) located in California; (2) through an attorney at law or his/her representative; (3) prior to litigation, and (4) were charged by HealthPort 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, from May 1, 2009 to present.
If you fall within the description of the Class, you are automatically a member of the Class. If you wish to remain a member of the Class, you do not need to do anything at this time. As a Class member:
- You will be represented by Plaintiff Nicodemus, and by the attorneys appointed as class counsel: Lori Andrus of Andrus Anderson LLP and Mark Burton of Hersh & Hersh, P.C. (They can be contacted via email at RecordsOverchargeClassCounsel@andrusanderson.com).
- If you wish, you may enter a separate appearance in the Case through your own attorney, whom you hire, by filing a Notice of Appearance with the Clerk of the Superior Court, online or at 400 McAllister St., San Francisco, CA 94102.
- You will receive notice of any ruling affecting your membership in the Class and notice of any proposed settlement or dismissal of class claims, or any judgment rendered.
- You will be bound by any judgment, court approved settlement, or other final disposition of the lawsuit, whether favorable or not.
Attorneys who requested medical records on their clients’ behalf in advance of litigation, and then paid Ciox/HealthPort for copies of those records:
You are requested to (1) review your law firm’s files for requests for medical records made directly to hospitals but which were then responded to by Ciox/HealthPort; (2) determine the client for whom the medical records were requested, and confirm that such request was made prior to the filing of an action or the appearance of a defendant in an action; and (3) notify that client of this class action lawsuit by providing them a copy of the Notice.
To obtain a list of the patients for whom your law firm requested records, download an affidavit, by clicking here, and verify your representation of the associated client; upon delivery of the signed affidavit, you will be provided with the list of patients associated with your law firm for which Ciox/HealthPort has a transaction record.
ELECTION TO NOT PARTICIPATE (“OPTING OUT”)
You have the right to request that the Court exclude you (“opt-out”) from the Class so that you can pursue your own claims against Defendants; the court will exclude you if you request exclusion by April 30, 2018. If you do so, it will mean that you will not be legally bound by any judgment or ruling entered by the Court, and that you can independently pursue or not pursue whatever claims you may have, outside of the Case.
To “opt-out,” simply mail a letter to class counsel postmarked by April 30, 2018 stating, “I hereby assert my right to be excluded from the Class in Kristen Nicodemus, et al., vs. Saint Francis Memorial Hospital, 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, postmarked by April 30, 2018, to the Class Administrator:
Records Overcharge Class
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
TO GET MORE INFORMATION
The pleadings and all other records of this litigation may be examined and copied during regular office hours at the office of the Clerk of the Court, and can be accessed online at http://www.sfsuperiorcourt.org/online-services (select ‘Case Query,’ and enter Case No. CGC-13-531076). Do not call the Court or the Clerk’s office regarding the Notice. If you have questions about the Notice, contact class counsel at the above address.