Six organizations sued over medical records access in Maine

A class-action lawsuit claims health care providers and data companies overcharged Mainers for their own digital medical records.

MAINE, USA — You might assume you already own the rights to your medical records, but getting them isn’t always simple.

A class-action lawsuit has been filed against four Maine health care providers and two data management companies over how they reportedly handle medical records requests.

The lawsuit names Northern Light Health, Spectrum Healthcare Partners, St. Joseph Hospital, and Penobscot Community Health Center. It also includes Sharecare and Ciox Health, the third-party companies these providers use to manage records.

Rachel Okun, a personal injury attorney in Maine, said this is a problem she runs into all the time.

“I do this every single day,” she said.

Okun said she can’t build her legal cases without access to medical records, and getting those records often turns into a full-time job.

“It’s actually a nightmare,” she said. “I have a full-time staff person to do this for me because it’s impossible for me to do that by myself.”

She said the delays and costs come from the providers outsourcing the job to third-party data companies. That’s where the trouble starts. 

Okun’s firm has spent countless hours going back and forth with these companies, which she claims often overcharge for the paperwork.

“You have to pay it, and if you don’t, they won’t give it to you,” she said.

Under Maine law, providers can charge $5 upfront and 45 cents per page for printed records. But when it comes to digital records, the law only says fees must be “reasonable” and not exceed $150.

“Now, they’re all sent digitally,” Okun said. “Nothing is sent in paper anymore. So why are they still charging per page?”

She said companies often calculate what it would cost to print the records, charge that amount for a digital copy, then add more fees for sending them electronically. Sometimes, a single request is split into separate bundles for each provider, each carrying its own fee.

“They’re doing it specifically to get that money. There’s no reason that needs to happen,” she said.

Okun said she’s been charged over $300 for a single request, which is well above the legal cap. While she’s not part of the class-action lawsuit, Okun said she has dealt with Sharecare and Ciox and other companies with similar practices.

“I think these companies need to be held accountable, or the law needs to change,” she said.

She’s written to lawmakers about the issue but doesn’t have the time to pursue her own legal action. Still, she said she’s glad someone is stepping up.