Professional Negligence Law Reporter

The Second Circuit Court of Appeals held that no private action exists for violating a New York law placing a 75-cent-per-page cap on copies of medical records.

Vicky Ortiz requested copies of her medical records from New York Presbyterian Hospital. Its contractor, a predecessor to Ciox Health LLC, charged her $1.50 per page, despite N.Y. Pub. Health Law §18(2)(e), which limits what health care providers may charge for paper copies of medical records to $.75-per-page. Ortiz paid the bill and later filed suit. After she died, the trial court substituted her estate as the plaintiff. The trial court granted the defendants’ motion for judgment on the pleadings, and the plaintiff appealed. The Second Circuit then certified to the New York Court of Appeals the question of whether §18(2)(e) provides a private right of action for damages. The Court of Appeals answered in the negative. The Second Circuit held that in light of the state high court’s decision, the plaintiff’s claim for damages under the statute must fail. The court also rejected the plaintiff’s claim for unjust enrichment, finding that where a plaintiff does not possess a private right of action under a statute and does not allege actionable wrongs independent of the statute, a claim for unjust enrichment is properly dismissed.

Citation: Ortiz v. Ciox Health LLC, 2021 WL 5933787 (2d Cir. Dec. 16, 2021).