Landay v. Rite Aid of Pennsylvania, Inc.

Summary

The Supreme Court of Pennsylvania considered whether the Medical Records Act applies to pharmacies and whether a pharmacy may charge a flat fee for reproducing pharmacy records. The court held that the Act does not apply to pharmacies and therefore did not reach the flat-fee issue. It reversed the Superior Court's decision and reinstated the dismissal of the action against Rite Aid.

Holdings

1. The Medical Records Act does not apply to pharmacies because pharmacies are not health care providers or health care facilities within the meaning of the Act.
2. Because the MRA does not apply to pharmacies, the court did not decide whether or under what circumstances a pharmacy could charge a flat fee for reproducing records under the MRA.

Questions Presented

1. Whether the Pennsylvania Medical Records Act applies to a pharmacy's provision of copies of pharmacy records.
2. Whether, under the Medical Records Act, a pharmacy may charge a flat fee for reproducing pharmacy records when the customer receives an invoice and pays it without objection before receiving the records.

Disposition

reversed