The question in this case is whether Public Health Law § 18(2)(e) implies a private right of action for damages against healthcare providers that overcharge for copies of medical records.
Public Health Law § 18 allows people to access their medical records that are maintained by a healthcare provider. Under §18(2)(e), healthcare providers may “impose a reasonable charge for all inspections and copies,” so long as the charge is no more than 75 cents per page. Section 13 of the Public Health Law grants private citizens the right to bring a proceeding under CPLR article 78 to compel compliance with § 18(2)(e), and § 12 allows the Commissioner of Health (through fines) and the Attorney General (through an injunction) to enforce §18(2)(e). But nowhere does the Public Health Law expressly allow a suit for damages if a healthcare provider charges more than 75 cents per page.
In 2016, Vicky Ortiz sought to access medical records maintained by New York Presbyterian Hospital. The hospital arranged for IOD, Inc., to fulfill the request. IOD charged Ortiz $1.50 per page to copy her medical records. Ortiz paid the amount under protest. She then sued IOD, its successor (Ciox Health), and New York Presbyterian Hospital in federal court, claiming, among other things, that the defendants violated Public Health Law § 18(2)(e) by charging $1.50 per page—more than twice the statutory maximum. She sought damages for the overcharge. The district court granted the defendants judgment on the pleadings, holding that § 18(2)(e) does not provide for a private right of action.
The Second Circuit certified to the Court of Appeals the question whether §18(2)(e) implies a private right of action for damages. The court observed that the Court of Appeals had not considered the issue. Nor had New York’s intermediate appellate courts provided guidance on how the Court of Appeals would decide the issue. The sole appellate decision, from the First Department, answered the question “in one sentence, without analysis,” and thus provided insufficient guidance.
The Court of Appeals accepted the certified question.