Wayne M. Chiurazzi Law, d/b/a Chiurazzi & Mengine, LLC and David A. Neely v. MRO Corp. (petitions for allowance of appeal)

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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT WAYNE M. CHIURAZZI LAW, INC. D/B/A : No. 464 WAL 2011 CHIURAZZI & MENGINE, LLC AND : DAVID A. NEELY, : Petition for Allowance of Appeal from the : Order of the Superior Court Petitioners : : : v. : : : MRO CORPORATION, : : Respondent : ORDER PER CURIAM AND NOW, this 22nd day of February 2012, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioners, are: (1) Does the Medical Records Act, 42 Pa.C.S. § 6152(a)(1) and (a)(2)(i), require medical records reproducers to disclose their estimated actual and reasonable expenses of reproducing the charts or records, and to limit their copying charges to these amounts or the statutory ceiling rates, whichever is less? (2) If so, where a medical records reproducer failed to disclose and charge its estimated actual and reasonable expenses and instead charges the MRA s ceiling rates, do the voluntary payment and prior approval defenses bar the records requestor from bringing a subsequent breach of contract claim to recoup the unlawful over-payment?

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