Barbara Allen v. HealthPort Technologies, LLC, now known as CIOX Technologies, LLC, Fla. 13 th Jud. Cir. Ct. Case No. 12-CA

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1 Barbara Allen v. HealthPort Technologies, LLC, now known as CIOX Technologies, LLC, Fla. 13 th Jud. Cir. Ct. Case No. 12-CA You have been identified as someone who may have a claim regarding charges by HealthPort (also known as "CIOX") for copies of medical records and may be eligible for a monetary payment in a class action settlement. A Court authorized this Notice. This is not a solicitation from a lawyer. A class action settlement will provide monetary relief to persons who paid for copy charges to HealthPort/CIOX that exceeded 25 per page after the first 25 pages. The settlement also will require HealthPort/CIOX to modify its business practices and charges related to requests for medical records in specific ways. A Summary of Your Rights and Choices Your Legal Rights Are Affected Even If You Do Not Act. Read This Notice Carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT You May: Brief Description: Due Date: File a Claim Exclude Yourself Object to the Settlement This is the only way to receive money from the Settlement. See Question 9 below. You will receive no benefits, but you will retain any rights you currently have to sue HealthPort/CIOX about the claims in this case. See Questions 12, 13 & 14 below. Write to the Court explaining why you don t like the Settlement. See Questions 17 & 18 below. October 9, 2017 August 8, 2017 August 8, 2017 Go to the Hearing Ask to speak in Court about your opinion of the Settlement. See Questions 19, 20 & 21 below. August 8, 2017 Do Nothing You won t get a payment and will give up your rights to HealthPort/CIOX about the claims in this case. See Question 22 below. N/A These rights and options and the deadlines by which to exercise them are explained in this Notice. The Court in charge of this case still has to decide whether to approve the settlement. Payments will be made if the Court approves the settlement and after appeals are resolved. Please be patient. QUESTIONS? CALL OR VISIT PAGE 1

2 BASIC INFORMATION 1. Why did I get this notice? A class action lawsuit has been filed in the State of Florida against HealthPort Technologies, LLC, now known as CIOX Health, LLC. (hereinafter "HealthPort/CIOX"), alleging that HealthPort/CIOX overcharged certain persons for copies of their medical records. The Court in charge of the class action case is the Florida Thirteenth Judicial Circuit Court for Hillsborough County, Florida, and the case is known as Allen v. HealthPort Technologies, LLC, n.k.a. CIOX Technologies, LLC, Case No Our records show that you may be a Class Member. Class Members are all persons who were patients of a physician or physician s practice licensed pursuant to Chapter 458, Florida Statutes, and who since March 9, 2009: (a) made a request through a legal representative to said physician or physician s practice to provide copies of the person s patient medical records; (b) were billed by the HealthPort/CIOX, whether billed directly to the patient or to the patient s legal representative, at charges that exceeded 25 per page after the first 25 pages; and (c) paid for such charges. This definition does not extend to medical records requested from hospitals, which are governed by a different statute, Florida Statute For purposes of this definition, "legal representative" means a patient's attorney who has been designated by the patient to receive copies of the patient's medical records; any legally recognized guardian of the patient; any court appointed representative of the patient; or any other person either designated by the patient or by a court of competent jurisdiction to receive copies of the patient's medical records. So, for example, you may have authorized and requested your attorney to request copies of your medical records from a physician in Florida, and in response, HealthPort/CIOX overcharged for the copies. You may be entitled to payment under the settlement if you ultimately paid for the charges by one or more of the following ways: (a) making a direct payment to HealthPort/CIOX, or (b) making direct payment to your attorney or other legal representative, or (c) the charges were deducted from settlement proceeds or other monies owed to you by your attorney or other legal representative. The Court has ordered that this Notice be sent to you because you have a right to know about a proposed settlement that has been reached in the class action lawsuit and your options before the Court decides whether to approve the settlement. If the Court approves it and after objections and any appeals are resolved, the Settlement Administrator appointed by the Court will make the payments that the settlement allows. You will be informed of the progress of the settlement when appropriate. This package explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. 2. What is this lawsuit about? The lawsuit alleged that HealthPort/CIOX violated certain Florida Administrative Code rules by overcharging for furnishing copies of patient medical records at the request of the patient or the patient's legal representative (such as an attorney). The lawsuit asserts that under Florida law, HealthPort/CIOX owes restitution and interest to the Plaintiff and class members. HealthPort/CIOX denies the claims and allegations. The Court has not ruled on the merits of Plaintiff s claims for damages or on HealthPort/CIOX's denials and other defenses to those claims. Because you have been identified as possibly being one of the persons who overpaid for copies of your own medical records, this notice is to advise you of these events and their potential effect on your legal rights. 3. Why is this a class action? In a class action, a Class Representative (in this case, Barbara Allen) sues on behalf of people who have similar claims. All these people are called "Class Members." One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. QUESTIONS? CALL OR VISIT PAGE 2

3 4. Why is there a settlement? The Court has not decided the damages claims in favor of the Class Representative or HealthPort/CIOX. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get compensation. The Class Representative and the attorneys think the settlement is reasonable. 5. How do I know if I am part of the settlement? WHO IS IN THE SETTLEMENT? The judge presiding over the class action has decided that everyone who fits this description is a Class Member: All persons who were patients of a physician or physician s practice licensed pursuant to Chapter 458, Florida Statutes, and who since March 9, 2009: (a) made a request through a legal representative to said physician or physician s practice to provide copies of the person s patient medical records; (b) were billed by HealthPort/CIOX, whether billed directly to the patient or to the patient s legal representative, at charges that exceeded 25 per page after the first 25 pages; and (c) paid for such charges. For purposes of this definition, "legal representative" means a patient's attorney who has been designated by the patient to receive copies of the patient's medical records; any legally recognized guardian of the patient; any court appointed representative of the patient; or any other person either designated by the patient or by a court of competent jurisdiction to receive copies of the patient's medical records. 6. What If I Am Still Not Sure If I Am Included In The Settlement? If you are still not sure whether you are included, you can get more information at or get help by calling or writing the Class Action Administrator listed in Question What Does The Settlement Provide? THE SETTLEMENT BENEFITS HealthPort/CIOX has agreed to pay each Class Member, in the form of direct cash, for all charges paid by the Class Member and established by an independent determination. Such payment shall be made through the proof-of-claims process further discussed below, separately paid by HealthPort/CIOX. In the State of Florida, HealthPort/CIOX will also cease and desist from charging more than $1.00 per page for the first 25 pages and 25 per page thereafter, whenever a request for copies of medical records is delivered, initiated, or made on the patient s behalf by the patient s legal representative, as defined by Florida Administrative Code Rule 64B , irrespective of whether the request directs the copies to be delivered to the patient s legal representative. 8. How Much Will My Payment Be? HealthPort/CIOX has agreed to pay each Class Member who does not opt out of this Settlement (see Question 12), a full cash refund, for all charges paid by the Class Member and established by an independent determination conducted by the Settlement Administrator, which shall be calculated as follows: HealthPort/CIOX's full total invoiced amount (excluding shipping and taxes); Less: ($1.00 per page for the first 25 pages and 25 per page thereafter); Plus: Interest of 4.78% per annum from the date of HealthPort/CIOX's invoice. The amount of your estimated cash refund (not including interest) is summarized and calculated for you on the Claim Form provided with this Notice. QUESTIONS? CALL OR VISIT PAGE 3

4 9. What Do I Need To Do To Get A Payment? HOW TO GET A PAYMENT If you wish to apply for a payment, you must do the following: 1. Read this Notice and the Claim Form carefully. 2. If you have any questions about this Notice or the Claim Form, contact the Class Action Administrator in writing at the address listed below. 3. If the information provided on the Proof-of-Claim form is true and correct, you must sign and return the postcard Claim Form by October 9, Provide the information requested in the Claim Form, be sure your name and address are correct, sign the Claim Form under oath and swearing under penalty of perjury that you meet the requirements necessary to be a member of the Class and that the information provided is true and correct, and return the Claim Form by U.S. Mail or to the Class Action Administrator addressed as follows: Allen v. HealthPort Class Action Administrator c/o A.B. Data, Ltd. P.O. Box Milwaukee, WI info@healthportclassaction.com 5. You may also submit your claim online at 6. Your Claim Form must be postmarked or electronically submitted no later than October 9, Important: No extensions of this deadline will be permitted. Failure to timely submit the fully completed Claim Form will result in the denial of your claim. Any and all information you submit on your Claim Form is subject to verification by the Court, and subject to challenge by the Parties. 10. When would I get my payment? The Court will hold a hearing on August 21, 2017 at 1:30 p.m. to decide whether to approve the Settlement. If the Court approves the Settlement, after that, there may be appeals. It is always uncertain whether these appeals, if any, can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a Claim Form will be informed of the progress of the Settlement when appropriate. Please be patient. 11. What am I giving up to get a payment or stay in the Class? Unless you exclude yourself, you are staying in the Class, and that means that you cannot sue continue to sue, or be part of any other lawsuit against HealthPort/CIOX about the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. If you sign the Claim Form, you will agree to, and acknowledge your agreement to the Settlement. EXCLUDING YOURSELF ( OPTING OUT OF THE SETTLEMENT) If you do not want a payment from this Settlement, but you want keep the right to sue or continue to sue HealthPort/CIOX on your own about the legal issues in this case, then you must take steps to opt out and exclude yourself from this Settlement. QUESTIONS? CALL OR VISIT PAGE 4

5 12. How do I get out of the Settlement? You can exclude yourself from (or "opt out" of) the class by sending a written Request to Opt Out to Allen v. Healthport, Class Action Administrator, EXCLUSIONS, c/o A.B. Data, Ltd., P.O. Box , Milwaukee, WI by mail, postmarked no later than August 8, 2017, or by electronically submitted to info@healthportclassaction.com by that same date. Your written request must include: Your name, address, telephone number, and the statement that you want to opt out of the lawsuit. The case name and number: Allen v. Healthport, Case No Your personal signature. No Opt-Out request may be made on behalf of a group of Class Members. You cannot exclude yourself by phone. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this class action. The class action and/or the Settlement will not affect your ability to sue (or continue to sue) HealthPort/CIOX in the future, and all rights that you may have, if any, will be preserved. 13. If I do not exclude myself, can I sue HealthPort/CIOX for the same thing later? No. Unless you exclude yourself, you give up the right to sue HealthPort/CIOX for the claims that this settlement resolves. If you have a pending lawsuit against HealthPort/CIOX, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue with your own lawsuit if that lawsuit involves claims which covered by this class action. Remember, the exclusion deadline is August 8, Any exclusion request postmarked after that date will not be valid, and the sender will be a Class Member and bound by the settlement and the release described in the settlement. 14. If I exclude myself, can I get money from this settlement? No. If you exclude yourself, do not send in a Claim Form to ask for any money. But you will preserve your rights, if any, to sue, continue to sue, or be part of a different lawsuit against HealthPort/CIOX. 15. Do I have a lawyer in the case? THE LAWYERS REPRESENTING YOU If you do not exclude yourself from the settlement, the Court has appointed attorneys J. Daniel Clark, Esq., of the law firm of Clark & Martino, P.A., 3407 W. Kennedy Blvd., Tampa, Florida 33609, Scott R. Jeeves, Esq., of the law firm of Jeeves Law Group, P.A., st Ave North, St. Petersburg, Florida 33705, David M. Caldevilla, Esq., of the law firm of de la Parte & Gilbert, P.A., and Kristin A. Norse, Esq. and Stuart C. Markman, Esq. of the law firm of Kynes, Markman & Felman, P.A. to represent you and other Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 16. How will the lawyers be paid? Class Counsel will ask the Court for an award of attorneys fees and costs, which have not been agreed to by the parties or considered by the Court. Class Counsel also will ask the Court for a payment of $10, to Class Representative Barbara Allen. The Court may award less than these amounts. HealthPort/CIOX will separately pay the fees and expenses that the Court awards. These amounts will not come out of the funds for payments to Class Members. HealthPort/CIOX will also separately pay the costs to administer the settlement. QUESTIONS? CALL OR VISIT PAGE 5

6 OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the settlement or some part of it. 17. How do I tell the Court that I do not like the settlement? If you are a Class Member and do not exclude yourself from the settlement, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a valid written objection with the following information: (1) the case name and number, Allen v. HealthPort, Case No , (2) the specific factual and legal basis for each objection, (3) the objector's name, address, telephone number, and, if represented by counsel, the contact information of the objector's counsel, (4) a statement of whether the Class Member intends to appear at the Final Approval Hearing, either with or without counsel, (5) identification of the name, address, and telephone number of each person that the objector intends to call as a witness, (6) a summary of the expected testimony of each witness, (7) identification of each exhibit that the objector intends to present as evidence, a copy of which shall be attached; and (8) a certificate of service. The written objection must be signed by the objector or the objector's attorneys. The objector's presentation at the final fairness hearing shall be strictly limited to the issues, arguments, and evidence described in the objector's written objection. Any issues, arguments, and evidence not described in the written objection as required by the Class Notice and this Order shall be deemed waived and the corresponding objection shall be overruled. Mail or the objection to each of the addresses below, postmarked or electronically submitted no later than August 8, 2017: COURT CLASS COUNSEL DEFENSE COUNSEL CLASS ADMINISTRATOR Clerk of the Thirteenth Judicial Circuit Court George E. Edgecomb Courthouse 800 Twiggs Street, Room 101 Tampa, FL J. Daniel Clark, Esq. Clark & Martino, P.A W. Kennedy Blvd. Tampa, FL dclark@clarkmartino.com rsmith@clarkmartino.com Robert V. Williams, Esq. Burr & Forman LLP One Tampa Center, Suite North Franklin Street Tampa, FL rwilliams@burr.com Allen v. HealthPort Class Action Administrator OBJECTIONS P.O. Box Milwaukee, WI info@healthportclassaction.com 18. What is the difference between objecting and excluding? Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. THE COURT S FAIRNESS HEARING The Court will hold a Final Approval Hearing to decide whether to approve the settlement. You may attend, and if you have submitted a timely objection, you may ask to speak, but you do not have to. 19. When and where will the Court decide whether to approve the settlement? The Court will hold a Final Approval Hearing at 1:30 p.m. on August 21, 2017, at the Florida Thirteenth Judicial Circuit Court, George E. Edgecomb Courthouse, 800 E. Twiggs St., Fifth Floor, Tampa, Florida At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them, regardless of whether the persons submitting the objections appear in person or not. The Court may also decide how much to pay Class Counsel and the Class Representative. After the hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take. QUESTIONS? CALL OR VISIT PAGE 6

7 20. Do I have to come to the hearing? No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense. If you send a written objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary. 21. May I speak at the hearing? You may ask the Court for permission to speak at the Fairness Hearing. You cannot speak at the hearing if you excluded yourself. Any Class Member who submits a timely written objection may appear, in person or by counsel, at the Final Approval Hearing held by the Court to show cause why the proposed Settlement Agreement should not be approved as fair, adequate, and reasonable, provided that the objecting Class Member (1) files with the Clerk of the Court a notice of intention to appear at the Final Approval Hearing ("Notice of Intent to Appear"), which must include the case name and number and the Class Member's name, address, telephone number, and signature, postmarked by the deadline specified in the Class Notice), and (2) serves the Notice of Intention to Appear on all counsel designated in Question #17 of this Class Notice by that same date. Any attorney who intends to represent an objecting Class Member at the Final Approval Hearing must do so at the objecting Class Member's sole expense. Any Class Member and any attorney representing such Class Member who does not file a Notice of Intention to Appear in accordance with the requirements of this Class Notice will not be entitled to orally participate at the Final Approval Hearing. 22. What happens if I do nothing at all? IF YOU DO NOTHING If you do nothing, and the Court approves the Settlement, you will be bound by their terms. Unless you exclude yourself, you will not be able to file a lawsuit or be part of any other lawsuit asserting claims against HealthPort/CIOX. The complete Settlement Agreement is available at and more specifically describes the released claims at pages Where do I get more information? GETTING MORE INFORMATION This notice summarizes the proposed settlement. More details are in the Settlement Agreement and Release. You can get a copy of the Settlement Agreement and the Court's Preliminary Approval Order by visiting or by writing to Class Counsel at the address listed above. To the extent, if any, that this Notice is inconsistent with the Settlement Agreement or the Preliminary Approval Order, the terms of the Settlement Agreement and Preliminary Approval Order shall control. Please do not contact the Court or the Judge for additional information. Instead, you can visit call the Class Action Administrator at , or write to Class Counsel, J. Daniel Clark, Esq., Clark & Martino, P.A., 3407 West Kennedy Boulevard, Tampa, Florida QUESTIONS? CALL OR VISIT PAGE 7