WVU Medicine Medical Records Fee Settlement: Who Can Claim

The class covers people or entities that made a written, medically authorized request for records from a CIOX-serviced WVU Medicine Entity during the class period. To fit the class, the person must either have paid CIOX and not been reimbursed, or have repaid a legal or authorized representative that advanced the CIOX charge.

People who paid under a specific pricing agreement or negotiated rate are excluded. Class counsel and their firms during the class period, as well as specified judges and relatives, are also excluded.

• A patient;
• A patient's agent, attorney acting in a representative capacity, or other authorized representative; or
• An insurance company or similar authorized requester, including defense counsel.

The notice uses the term “WVU Medicine Entity” for the covered facilities and practices. The request must have been serviced by CIOX and made during the class period.

• Harpers Ferry, Jefferson Memorial Hospital, Spring Mills, Inwood Family Medicine, and the listed WVUH-East and UHP practices;
• City Hospital, Inc. doing business as Berkeley Medical Center; and
• Camden Clark Medical Center.

The notice does not promise a flat payment. It says the payment is based on the number of pages and the amount paid, using the difference between the applicable CIOX per-page rate and $0.14 per page. The notice lists different rates for patient and non-patient requests.

• The benefit starts with the per-page rate CIOX charged for a qualifying request.
• It subtracts the settlement rate of $0.14 per page.
• A timely, valid Proof of Claim is required.

The same records request cannot produce multiple settlement payments. The important question is who finally bore the cost, not simply who submitted the records request.

• Only one claim and one payment are allowed for each qualifying records request.
• The person who ultimately paid the bill is the person who may receive the payment.
• A requester who was reimbursed is not the eligible payee; a patient may be eligible if the patient paid without reimbursement or repaid the requester.

The notice says a Proof of Claim and Release form is enclosed. It also says claims cannot be grouped together, aggregated, or filed for a class of people.

• Complete every field marked “required.”
• Sign the form and attest that the information is truthful.
• Use a separate form for every potentially eligible invoice.
• Send it electronically or by mail to the Claims Administrator.

The notice requires the completed, signed, and attested claim form, but it does not specify an additional supporting-document requirement.

• The notice does not state that receipts, invoices, or other payment documents must be included with the claim form.
• You can ask the Claims Administrator for a list of potentially eligible invoices to help complete the form.
• That list may include the invoice number and date, patient name, provider name, and amount paid.

The form must be electronically submitted or mailed to the listed Claims Administrator. Sending it to another address can result in losing the right to payment.

• Mail the form to: American Legal Claim Services, LLC, Binder v. Ciox Health c/o Settlement Administrator, P.O. Box 23489, Jacksonville, FL 32241.
• The notice also permits electronic filing through the Settlement Webpage.
• However, the web address is left blank in this copy of the notice.

A specific claim deadline cannot be determined from this notice because the date was not filled in.

• The notice says claims must be electronically submitted or postmarked by a date in 2026.
• That date is blank in the notice provided.
• Late claim forms will not be accepted.

Payment is also subject to final court approval and a timely, valid claim. Do not assume that a hearing date or the passage of time means payment has been approved or distributed.

• The notice says checks become void 180 days after they are issued.
• If a recipient does not cash or otherwise negotiate the check during that period, the recipient loses the right to that payment.
• The notice does not state when checks will be issued.

Only a Class Member who does not timely request exclusion and has a qualifying request may object. The notice ties the objection deadline to the final day of the Claim Period, but does not provide that date.

• A written objection must be filed with the Clerk of the State Court.
• It must also be mailed to class counsel, defense counsel, and the Claims Administrator.
• It needs contact information, relevant patient and invoice information, the reasons and materials supporting the objection, and a statement about attending the hearing.
• It must be signed, unless qualifying West Virginia counsel signs it.

Opting out means leaving the settlement. A person who opts out cannot receive a settlement payment and will not be bound by further settlement orders or judgments. The notice says that person preserves the ability to pursue their own claims at their own expense.

The opt-out request must be postmarked by the final day of the Claim Period, but that date is blank in this notice.

• Mail a written exclusion request by prepaid first-class mail to all class counsel, defense counsel, and the Claims Administrator.
• Sign it, provide the requested names, address, and invoice information, and include the exact exclusion statement required by the notice.
• If there is more than one claim, identify each separate claim.

The release is broad. The notice says that, after court approval, Class Members will be barred from seeking further relief on the released claims.

• Class Members will be bound by a final judgment and the settlement release if the settlement receives court approval.
• The release covers claims relating to qualifying records requests, CIOX record-copy fees during the class period, and alleged failures to comply with the cited West Virginia laws.
• The notice says this includes claims whether known or unknown.

The notice does not establish that final approval has occurred.

• The court has only conditionally approved the proposed settlement and preliminarily certified the class.
• A final approval hearing is planned, but its date, time, place, and judge are blank in the notice.
• The notice says the hearing can be continued without additional notice.