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WEBB v. SMART DOCUMENT SOLUTIONS, LLC

No. 05-56282.

499 F.3d 1078 (2007)

Kirk WEBB, individually and as class representative; Mann & Cook, a legal partnership, for itself and as class representative, Plaintiffs-Appellants, v. SMART DOCUMENT SOLUTIONS, LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2007.

Attorney(s) appearing for the Case

Barrett S. Litt and Paul J. Estuar, Litt, Estuar, Harrison, Miller & Kitson, LLP, Los Angeles, CA, for plaintiffs-appellants.

Martin D. Bern, Munger, Tolles & Olson, LLP, San Francisco, CA, for defendant-appellee.

Before: ANDREW J. KLEINFELD and RICHARD A. PAEZ, Circuit Judges, and WILLIAM HART, Senior Judge.

PAEZ, Circuit Judge:

The regulations promulgated by the Department of Health and Human Services ("DHHS") to implement the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub.L. 104-191, 110 Stat. 1936 (codified as amended in scattered sections of 42 U.S.C.), provide for an individual's broad access to his own health records. Under HIPAA, an individual has the right to obtain copies of his medical records for a reasonable, cost-based fee, while...

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