No. 17-0038 - State ex rel. Healthport Technologies and CAMC v. The Honorable James
Stucky and Basil Crookshanks
FILED
June 15, 2017
released at 3:00 p.m.
Workman, Justice, dissenting: RORY L. PERRY, II CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA
The majority, usually slavishly devoted to statutory law, ignores a clear statute
governing this issue. West Virginia Code § 16-29-1, providing guidelines for furnishing
health care records, expressly provides that “[t]he provisions of this article may be enforced
by a patient, authorized agent or authorized representative . . . .” Thus, the trial court was
absolutely correct in ruling that Mr. Crookshanks could assert a violation of the reasonable
fee standards of West Virginia Code § 16-29-2, despite the fact that the expense was
advanced by his attorney, as is customary and perfectly proper. The statute prohibits
excessive charges and specifies that “the person requesting records” shall “pay a reasonable,
cost-based fee.” In this instance, the records were requested and paid for by Mr.
Crookshanks’ lawyers. Lawyers routinely advance expenses for their clients; this is not an
extraordinary or infrequent occurrence. Dismissing Mr. Crookshanks’ claim on that basis
is ludicrous, utterly unwarranted, and legally wrong. It flies in the face of clear law and
continues the majority march against consumer rights. Consequently, I respectfully dissent
and likewise join in Justice Davis’ separately filed dissent.
SER Healthport Technologies and CAMC v. Hon. James C. Stucky, Judge
Combined Opinion