ORTIZ v. CIOX HEALTH LLC

19-1649-cv. August Term 2019.

961 F.3d 155 (2020)

Hector ORTIZ, in his capacity as Temporary Administrator of the Estate of Vicky Ortiz, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CIOX HEALTH LLC, successor in interest to Iod Inc., and the New York and Presbyterian Hospital, Defendants-Appellees, IOD Inc. and Columbia Presbyterian Medical Center, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 5, 2020.


Attorney(s) appearing for the Case

Sue J. Nam ( Michael R. Reese and George V. Granade , on the brief), Reese LLP, New York, New York, for Plaintiff-Appellant.

John Houston Pope , Epstein Becker & Green, P.C., New York, New York, for Defendant-Appellee The New York and Presbyterian Hospital.

Jay P. Lefkowitz , Kirkland & Ellis LLP, New York, New York ( Jodyann Galvin , Hodgson Russ LLP, Buffalo, New York, on the brief), for Defendant-Appellee Ciox Health LLC, successor in interest to IOD, Inc.

Before: Chin, Sullivan, and Nardini, Circuit Judges.


Pursuant to Section 18 of the New York Public Health Law, patients in New York State have a right to access their medical records. Health care providers may impose a "reasonable charge" for copies of such records, but the charge may not exceed "seventy-five cents per page." N.Y. Pub. Health Law § 18(2)(e). In this case, plaintiff-appellant...

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