135 Cal. App. 4th 1558 - Bugarin v. ChartOne, Inc.’s Empirical Analysis
2006
Citation profile
10
cited by 10 later decisions
3
states following
February 2014
most recently cited
2 federal appellate · 8 state decisions
Relationships
Applies 42 U.S.C. § 1320D (§ 1171 of the Social Security Act of 1935)
Relies on Ard v. County of Contra Costa
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We agree that the lawyer is the client’s agent, but we do not think that, for the purposes of protecting the privacy of medical records, a lawyer’s request is the same as the client’s personal request for his or her own medical records. The problem- that appellant’s argument sidesteps is that a request by anyone other than the individual or his/her personal representative as defined in the regulations raises serious privacy concerns. DHHS considered but rejected giving lawyers the same status as personal representatives. This court is not empowered to redraft federal regulations, especially when the regulations do not impinge on fundamental rights.... [A]ll appellant has to do is to request a copy of his own records. We do not perceive that there is any “right” to have one’s lawyer ask for one’s records.”
1 later decision quote this exact passage“the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i)Copying, including the cost of supplies for and labor of copying, the protected health information requested by the individual; (ii) Postage, when the individual has requested the copy, or the summary or explanation, be mailed; and (iii) Preparing an explanation or summary of the protected health information, if agreed to by the individual as required by [the regulation].”
1 later decision quote this exact passage“lawyers routinely request copies of their clients’ medical records. The effect of such requests by lawyers is to increase the cost to the client, even though the intent of the legislation, and the regulations, is to minimize the cost of copying, at least when an “individual” requests his or her own records.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.