Bon Secours Sued Again for Failure to Provide Medical Records to Patients

Dispute Over Medical Records Continues


RICHMOND, Va., June 5, 2020 – Bon Secours Mercy Health, Inc. is being sued again over its failure to provide medical records to patients upon request. Bon Secours along with its partner, Ciox Health, Inc., is refusing to release medical records to patients unless payment is made first in violation of Virginia Code §8.01-413(B)(8). In the second lawsuit on this issue filed today in the Circuit Court for the City of Richmond, Bon Secours is alleged to have withheld medical records requested by patients unless payment was made to Ciox prior to the release of the records.

Virginia Code §8.01-413(B)(8) states: “Production of records or papers to the patient, or his attorney, requested pursuant to this section shall not be withheld or delayed solely on the grounds of nonpayment for such records or papers.” It is not clear at this time the basis upon which Bon Secours is refusing to release medical records to patients but it appears to be based in part on its relationship with Ciox. Ciox is involved in a long running dispute regarding rates they are able to charge a patient or the patient’s attorney for the production of medical records. Ciox contracts with Bon Secours and other healthcare providers across the country to produce medical records requested by patients and third-parties on behalf of patients. Because laws governing access to patients’ medical records vary from state to state, Ciox can often run afoul of state law while trying to maintain a national practice. In addition, because Ciox profits from the production of medical records as opposed to the healthcare providers with whom they contract, Ciox is incentivized to get as much money for the production of medical records as state law will allow regardless of the actual cost to produce the records. For example, it is believed that the actual cost for Ciox to produce medical records in electronic format is no more than $6.50. However, Ciox will then charge as much as hundreds of dollars (depending on the page amount) to provide those records to the patient or the patient’s attorney requesting the medical records.

It remains to be seen how this issue will be defended by Bon Secours but they have 21 days from today’s date to file a written response with the Court.

For more information, contact Horace F. Hunter, Esq. (804) 780-1235 or email [email protected].

SOURCE: Horace F. Hunter, Esq.

CONTACT: Horace F. Hunter, Esq., at  +1-804-780-1235

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