Medical Records Vendors, Hospitals Defeat Price Deception Suit

Two classes of New York patients failed to revive deceptive trade practices and unjust enrichment claims against groups that allegedly overcharged them for copies of their medical records.

The claims weren’t cognizable because they were based solely on conduct that violated a New York law that isn’t privately enforceable, the US Court of Appeals for the Second Circuit said Monday.

For the suit to survive, the classes had to allege that the defendants engaged in deceptive acts independent of the statute, the court said. They didn’t, Judge William J. Nardini said.

Maximum Charges

New York Public Health Law § 18(2)(e) ...