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McCrossan v. Buffalo Heart Group
Citations: 265 A.D.2d 875; 695 N.Y.S.2d 852
Court: Appellate Division of the Supreme Court of the State of New York; October 1, 1999; New York; State Appellate Court
Order unanimously reversed without costs; motion granted. Plaintiff initiated a medical malpractice action against Buffalo Heart Group (BHG). BHG's attorney requested medical records from Mercy Hospital, which quoted a total fee of $274.32 for the records, including copying costs, clerical fees, shipping, and sales tax. BHG only paid $234, contesting that the Hospital could charge no more than 75 cents per page under Public Health Law. BHG subsequently moved for an order to compel the Hospital to provide records at that rate. The Supreme Court denied the motion, stating that BHG and its attorney did not qualify under Public Health Law. The court ruled in favor of BHG, affirming that the Hospital is limited to charging 75 cents per page as per Public Health Law, regardless of BHG's status as a non-qualified person. The plaintiff, being a qualified person, authorized the release of his records to BHG. The court referenced prior case law indicating that the regulation applies when a qualified person authorizes release to a third party. The decision clarifies that the Hospital must charge no more than 75 cents per page but is still responsible for collecting sales tax and can claim actual shipping costs. The appeal arose from an order of the Supreme Court, Erie County, with judges Denman, P.J., Green, Hayes, Pigott, Jr., and Scudder concurring.