A fire department surgeon was hit by the state with a $10,000 penalty of for refusing to charge only $.75 cents per page for copying costs.
In New York, every patient is entitled to obtain copies of their own medical records. The doctor's office is entitled to charge copying costs of no more than $.75 per page. That's the law. They are not allowed to charge processing fees, administrative fees or any other type of nonsensical fee associated with copying and providing copies of the patient's records.
Dr. Pierce Ferriter, an Upper East Side orthopedic surgeon also affiliated with Lenox Hill Hospital, demanded a flat fee of $100 for the patient to obtain his own records. According to the NY Post news report, actual costs would have been $33.75.
We see this nonsense happening routinely when we request copies of medical records for injured victims when we investigate a possible case. The doctors and staff routinely request either flat fees or administrative fees that are inconsistent with the law in New York.
Reminding the doctor's office that they cannot charge such fees often resolves the problem.
This is the first time I've seen the State take action against a doctor in such a drastic fashion by penalizing him $10,000 for not complying with state regulations. I think the next time a doctor's office sends us an outrageous bill for copying costs, we are going to send them a copy of this New York Post article.
Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.