Spencer S. Busby, APLC v. BACTES Imaging Solutions, LLC

INTRODUCTION

BACTES Imaging Solutions, LLC (BACTES) contracts with health care providers to respond to pre-litigation requests from attorneys seeking access to their clients’ medical records. After BACTES receives an attorney’s request, BACTES identifies the responsive medical records, reviews the records and other documentation for regulatory compliance, and notifies the attorney about options by which she may inspect or obtain photocopies of the records. One option available to the attorney, among others, is to hire and

pay BACTES to provide photocopies of the records.1 Spencer S. Busby, APLC (Busby) is the class representative for a class of 9,691 attorneys who hired BACTES to provide photocopies of their clients’ medical records. Busby sued BACTES, claiming it charged photocopying

rates exceeding the rates permitted by Evidence Code section 1158.2 Section 1158 sets maximum rates health care providers may charge attorneys for pre-litigation photocopies of their clients’ medical records. After a bench trial, the trial court found BACTES acted as an agent of the health care providers when it responded to the attorneys’ requests for medical records; however, it found BACTES…