UHC Medical Records Overcharge

GENERAL FREQUENTLY ASKED QUESTIONS (“FAQS”)

These FAQs are meant to simplify any Class Member’s submission of a claim. The below information is to help Class Members understand what happened, why you are a Class Member and what you need to claim your money from the settlement. However, the actual Preliminary Approval Order by the Court and Notice documents are controlling, and can be found on this Settlement Website under the Important Documents Tab.

*These FAQs may be edited as the Settlement administration proceeds.*

1.               Why Did I Get This Settlement Notice?

If you received this Settlement Notice, records show that you are a patient who was seen at United Hospital Center, Inc., between September 10, 2006 and June 5, 2014, and that between September 10, 2008 and June 5, 2014, you may have requested in writing and paid for, medical records from United Hospital Center, Inc. It has been alleged in court that United Hospital Center, Inc. (the “Defendant”) violated West Virginia Code § 16-29-2 et seq., by excessively charging to provide copies of patients’ medical records, which overcharging was asserted to be unlawful. A court authorized this Notice because you have the right to know about the proposed Settlement and your options before the Court decides whether to approve the Settlement as final. If the Court approves the Settlement , and if that approval is upheld on appeal (if any), a Claims Administrator appointed by the Court will make payments to the Class Members who file a valid claim.

The Honorable Perri Jo DeChristopher, Circuit Judge of the West Virginia Circuit Court of Monongalia County, West Virginia, is the presiding Judge in this case, which is called Steven Richards v. United Hospital Center, Inc. The case number is CC-31-2013-C-978. The person who filed this Lawsuit is called the Plaintiff. The Notice and these FAQs explain the Lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get these payments.

2.         How Do I Know If I Am Affected By The Settlement?

If you are an individual or entity who paid for medical records from United Hospital Center, Inc. between September 10, 2008 and June 5, 2014, you are a member of the Class. Specifically, the Class is defined as (a) any patient who requested medical records in writing from September 10, 2008 and through June 5, 2014; (b) “patient” will include any person who was an authorized agent or representative of patient (this includes anyone who used a medical authorization, including lawyers, insurance companies or any other person or entity who utilized a valid authorization from said patient (other than lawyers associated with Goddard Law and Bordas & Bordas); (c) Fees charged for the records have been paid; and (d) Only the individual or entity who actually paid the fee is a member of the Class. Government entities who requested records are explicitly excluded from membership in the Settlement Class.

If the Settlement does not become effective (for example, because it is not finally approved by the Court, or the approval is reversed on appeal), then this litigation will continue to trial.

3.         What Is The Lawsuit About?

A lawsuit against the Defendant was brought pertaining to medical records requests and payment, beginning in or about September 2013. The lawsuit was brought by a Plaintiff, who alleged that the Defendant violated West Virginia Code § 16-29-2 et seq., by excessively charging to provide copies of patients’ medical records at a rate of “$0.40 per page” and a $10.00 search fee for copies of their already existing medical records, which overcharging was asserted to be unlawful. Defendants deny any wrongdoing. They contend that they complied with the law in all respects and at all times. The Court has not decided that the Defendants did anything wrong, and the settlement does not mean that the Defendants violated the law, but all Parties have agreed to settle, and the Court has preliminary approved the settlement.

This lawsuit is a class action. A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. One or more people — sometimes called “class representatives”— sue on behalf of people who may have similar claims. All the people who may have similar claims form a “class” and are “class members”. A settlement in a class action — if approved by the Court as fair, reasonable, and adequate — resolves the claims for all class members.

4.         What If I’m Still Not Sure If I’m Included In the Settlement?

If you are not sure whether you are included in the Class, call (855) 711-2079 or go to this Settlement Website.

5.         What Can I Get In The Settlement?

If you are a member of the Class and requested in writing and paid for medical records from September 10, 2008 through June 5, 2014, from United Hospital Center, Inc., you may be eligible to receive a reimbursement of a flat payment of $100.00, or if you submit actual documentary evidence of charges in excess of $100.00, then you may recover that amount minus $2.08. The available settlement fund is $600,000. In the unlikely event that more than $600,000 is claimed, then Claimants with proof of payment shall be paid first at full value, then claimants without actual proof of payment shall be paid a pro rata share of the $100.00 flat payment. 

More information regarding how the Claims Administrator will compute claims payments can be found in the Order Granting Joint Motion for Certification of Settlement Class and Preliminary Approval of Settlement, available on this Settlement Website under the Important Documents Tab.

After the Settlement becomes “final”, payments will be sent to Class Members who timely submit their Claim Forms (i.e., no later than the Claim Form Deadline) that the Claims Administrator has approved. If the Court confirms the Settlement after a hearing on January 13, 2027, there may be appeals, which is usual, but resolving these appeals can take time. Please be patient.

6.         How Do I File a Claim?

If you wish to participate in this settlement and receive either a $100.00 flat award or if you wish to produce actual documentary evidence or payments in excess of $100.00 and be awarded that amount minus $2.08, then YOU MUST FILL OUT A CLAIM FORM BY MAY 3, 2027. 

On your Claim Form submittal, you must provide your Date of Birth, last 4 digits of your Social Security Number, and your unique identifier found on your Notice Postcard. This information will be used to verify you are a Class Member who requested in writing and paid for medical records from the Defendant between September 10, 2008 and June 5, 2014.

You may access and submit the Claim Form in the following ways (which are also listed on the Claim Form Tab):

• Electronic Submittal via Settlement Website:
  • You may fill out, sign and submit the Claim Form electronically by clicking on the following link: “Electronic Claim Form Submittal”. 
  • For claims in excess of $100, information regarding submitting documentary evidence is provided on the Claim Form Tab.

• Printing of Hard Copy Forms for Submittal:
  • You may download and print a PDF of the Claim Form by clicking the following link: “Printable Claim Form”.   The completed, signed Claim Form and documentary evidence, if applicable, should be submitted to the Claims Administrator via email (preferred), fax or mail using the following:
    • email to ClaimsAdmin@UHCMedicalRecordsOvercharge.com fax to (205) 716-2364mail to 501 Riverchase Pkwy E, Suite 100, Hoover, AL 35244
  • When sending your Claim via email or fax, please reference Overcharge Claim Submittal in the email subject line or on the fax cover page. When sending your Claim via mail, include “Attn: Overcharge Claim Submittal” on the envelope.

The Deadline to Submit a Claim Form may be extended without further direct notice to you so please consult this Settlement Website at www.UHCMedicalRecordsOvercharge.com to be aware of any updates in this case. They will be easily found on the home page of this Settlement Website.

7.         What Is the Difference Between Objecting and Opting Out?

Objecting is telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to assert claims against the Defendants in any forum that are deemed released by the settlement. Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you. You cannot both opt out of and object to the Settlement. If a person attempts to do both, the Court will treat the submission as an opt-out.

8.         How Do I Opt-Out Of The Settlement?

If you want to keep the right to assert your own claims in this case against the Defendant United Hospital Center Inc., then you must Opt-Out of the Settlement.

This is called excluding yourself, or Opting Out, of the Settlement Class. If you want to Opt-Out of the Settlement Class, you must submit your Opt-Out Form to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at ClaimsAdmin@UHCMedicalRecordsOvercharge.com, or by fax at (205) 716-2364. The Opt-Out Form can be found on the Settlement Website under the Important Documents Tab. If you Opt-Out of the Settlement Class, you will not be allowed to object to this Settlement or submit a Claim Form and you will have to file your own case.

You must complete and submit an opt-out/exclusion form no later than October 29, 2026, to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at ClaimsAdmin@UHCMedicalRecordsOvercharge.com, or by fax at (205) 716-2364.

9.         Do I Have a Lawyer in the Case?

The Court has designated Goddard Law and Bordas & Bordas, PLLC, to represent you as “Class Counsel.” You will not be charged by these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense. If you have engaged counsel to represent you in connection with claims pertaining to this Settlement, you should consult your counsel. Class Counsel will ask the Court to award them $260,000 in Attorneys’ Fees separate from the settlement fund. Class Counsel will not ask the Court to award them case expenses.

10.       What Am I Giving Up In Exchange for the Settlement?

If you are a Class Member and the Settlement is ultimately approved, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the releases in the Settlement. This means that in exchange for being a Class Member and being eligible for the payments available in the Settlement if you file a claim, you will not be able to sue, continue to sue, or be part of any other lawsuit against Defendant and/or any of the Released Parties that involves the same legal claims as those resolved in this case and Settlement if approved by the Court.

11.       How Do I Tell the Court I Don’t Like the Proposed Settlement?

To object to the Settlement, you must send a written objection to the Court showing the basis for your objections. To be effective, an Objection must be in writing and include: (a) a reference to this case, Steven Richards v. United Hospital Center, Inc. Civil Action No. CC-31-2013-C-978; (b) provide your name, address, telephone number, and, if available, an email address, and if represented by counsel, your counsel’s name, address, telephone number, email, and West Virginia State Bar number; (c) you or your counsel should also provide a written statement of all grounds for the objection, accompanied by any legal support for such objection; (d) a statement of whether you and/or your counsel intend to appear at the Final Approval Hearing: (e) a statement that you are a member of the Class; (f) if you or your counsel have not submitted other objections to any class action submitted to any court, state or otherwise, in the United States in the previous five years, an affirmative statement that you or your counsel have not done so, or if you or your counsel have submitted other objections in the previous five years, a detailed list of these other objections;  and, (g) the Class Member’s signature, even if the objection is submitted through counsel. This information is material to the Court’s consideration of the Settlement; failure to include this information and documentation may be grounds for overruling and rejecting the objection. Any Class Member who fails to timely submit a written objection prior to the Objection Deadline shall be deemed to have waived their objections, and those objections will not be considered by the Court.

You must send copies of all objections documents you file with the Clerk of the Monongalia Circuit Court, Donna Hidock, Monongalia County Circuit Court, 75 High Street, Suite 12, Morgantown, WV 26505.

Any objection must be postmarked on or before the Objection Deadline and sent to the Clerk of the Circuit Court, Donna Hidock, Monongalia County Circuit Court, 75 High Street, Suite 12, Morgantown, WV 26505. The Objection Deadline may be extended without further direct notice to you, but you can consult this Settlement Website at www.UHCMedicalRecordsOvercharge.com. Please continue to check this Settlement Website for updates.

You can also ask the Court to disapprove Class Counsel’s request for Attorneys’ Fees if you believe it is not appropriate.

You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. If you want to raise an objection to the Settlement at the Final Approval Hearing, you must submit that objection in writing, by the Objection Deadline, which is November 30, 2026, unless extended, to the Clerk of the Circuit Court, Donna Hidock, Monongalia County Circuity Court, 75 High Street, Suite 12, Morgantown, WV 26505.

If you fail to comply with these requirements or fail to submit your Objection and statement of intention to appear by the deadline November 30, 2026, unless extended, you may be deemed to have waived all objections and may not be entitled to speak at the Final Approval Hearing on January 13, 2027.

You do not need to appear at the Final Approval Hearing to have your objections considered. If you have no objection, you do not need to take any other action to indicate your approval of the Settlement Agreement.

12.       When Will The Court Decide If The Settlement Is Approved?

The Court will hold a hearing on January 13, 2027, to determine whether to approve the Settlement. The hearing will be held in the Circuit Court of Monongalia County, West Virginia, before the Honorable Perri Jo DeChristopher, at 11:00 AM EST, or such other judge assigned by the Court. The address is 75 High Street, Morgantown, West Virginia 26505. This hearing date may change without further direct notice to you.

The hearing is open to the public. This hearing date may change without further notice to you. Consult this Settlement Website at www.UHCMedicalRecordsOvercharge.com.

13.       How Do I Get More Information?

You can inspect many of the Court documents connected with this case on the Important Documents Tab of this Settlement Website: www.UHCMedicalRecordsOvercharge.com.

You can contact the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, by telephone at (855) 711-2079, or by email at Claims ClaimsAdmin@ UHCMedicalRecordsOvercharge@gtandslaw.com.

You can also obtain additional information by contacting Class Counsel:

Please do not address any questions about the Settlement or Litigation to the Clerk of Court or the Judge.