Webber v. Bactes Imaging Solutions, Inc.

WEBBER V. BACTES IMAGING SOLUTIONS, INC. N/K/A SHARECARE HEALTH DATA SERVICES LLC

IF YOU WERE OVERCHARGED BY BACTES IMAGING SOLUTIONS, INC. NOW KNOWN AS SHARECARE HEALTH DATA SERVICES LLC FOR PROVIDING MEDICAL RECORDS TO YOUR LAWYER, YOU MAY BE A MEMBER OF A PENDING CLASS ACTION LAWSUIT.

The information contained on this web page is only a summary of information presented in more detail in the Notice of Pendency of Class Action, which you can access by clicking here.

Si habla español, se puede obtener una copia de la Notificación completa en español por hacer clic aquí.

UPDATE:

The trial court certified the proposed Class on May 29, 2014 upon stipulation by the Parties. After an appeal on a variety of issues related to Plaintiff's claims under Florida's Unfair and Deceptive Trade Practices Act (FDUPTA) in Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, 295 So. 3d 841 (Fla. 2d DCA 2020), the trial court entered an order enforcing the appellate court’s mandate on July 16, 2020, and enjoining Bactes Imaging LLC now known as Sharecare Health Data Services, LLC (“Sharecare”) “from charging the ‘other entities’ rate in lieu of the ‘patient rate’ to attorneys representing patients who make requests to a medical facility subject to Florida Administrative Code Rule 64B8-10.003.” A trial in this matter has not yet been scheduled.

Patricia Webber (the “Plaintiff” or “Class Representative”), the individual bringing this lawsuit, alleges that Bactes Imaging Solutions, Inc. now known as Sharecare Health Data Services LLC (“Sharecare”) (“Defendant” or “Sharecare”) violated the Florida Administrative Codes in charging certain fees for furnishing copies of patient medical records at the request of the patient or their representatives. The lawsuit asserts that under Florida law, Defendant owes restitution and interest to the Plaintiff and class members

The trial court has ruled that this lawsuit may be maintained as a class action, meaning that the claims for restitution, injunctive relief and attorneys’ fees and costs can be pursued not only by Patricia Webber, but also on behalf of a class consisting of certain other parties who overpaid for medical records from the Defendant.

Defendant denies the claims and allegations.

The Second District Court of Appeal in Webber v. Bactes Imaging Solutions, Inc. n/k/a Sharecare Health Data Services, LLC, 295 So. 3d 841 (Fla. 2d DCA 2020), has now ruled on certain legal issues in this Class Action, and the trial court has entered an order enforcing the Appellate Court’s mandate. You can read more about these rules in the Orders entered, which are available on the Class Action website.

This ruling by the Appellate Court, unless overturned by the Florida Supreme Court, means that the Defendant has been permanently enjoined from overcharging for patient medical records. This ruling by the Court does not mean that any money will be obtained for class members yet, as a jury trial will decide how much money is due to class members. The jury trial is scheduled for 2021.

The final outcome of the lawsuit—whether favorable to Plaintiff or the Defendant—will apply in a like manner to every class member.

The class consists of 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) who 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 Defendant, whether billed directly to the patient or to the patient’s legal representative, at charges that exceed 25¢ per page after the first 25 pages; and (c) such charges were paid. "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.

If you wish to be a member of the class, you are not required to do anything at this time.

You can exclude yourself from the class by sending, by mail, a written “Request to Opt Out” to Webber v. Bactes Imaging, Class Action Administrator, EXCLUSIONS, c/o A.B. Data, Ltd., PO Box 170500, Milwaukee, WI 53217-8091, postmarked no later than 60 days from the date the notice was mailed to you (click here to enter the notice ID from your postcard and receive your applicable exclusion deadline).