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Old 06-20-2008, 10:08 AM
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Default Bay Imaging of Brooklyn fined $154,000 & forced to hand over patient records

New York Attorney General's Office press release:

Department of Law
120 Broadway
New York, NY 10271
212-416-8060

For Immediate Release:
New York City Press Office / 212-416-8060
Albany Press Office / 518-473-5525
nyag.pressoffice@oag.state.ny.us

Department of Law
The State Capitol
Albany, NY 12224
518-473-5525

June 16, 2008


ATTORNEY GENERAL CUOMO STOPS BROOKLYN RADIOLOGY CLINIC’S REPEATED NEGLECT OF PATIENTS AND THEIR RECORDS

Bay Imaging’s doctor and manager must pay $154,000 in penalties and costs for not releasing more than 80,000 patients’ radiology records

Patients, many of whom were forced to undergo painful procedures to determine what radiology records would have easily shown, now have recourse to access records




BROOKLYN, N.Y. (June 16, 2008) - Attorney General Andrew M. Cuomo today announced that his office has permanently barred the principals of a Brooklyn radiology clinic from engaging in the business and forced them to pay $154,000 in penalties and costs after the company repeatedly failed to provide patients with needed medical records.

As a result of Attorney General Cuomo’s litigation, over 80,000 patients’ previously unreleased radiology records from Bay Imaging’s three locations (East 14th Street, Caton Avenue, and 4th Avenue) are now being maintained by a separate records management company and can be requested in writing.

“Bay Imaging went out of business and left thousands of patients - who depended on the results in these records for their well-being - with no recourse,” said Attorney General Cuomo. “Because of the company’s negligence, many patients had to undergo additional painful and costly procedures that would have been avoided if the company had simply provided patients and doctors with the initial results of their tests.”

Attorney General Cuomo obtained a court order that permanently bans Bay Imaging’s president, Dr. Ruben Fleurantin and his brother and manager, Aram Fleurantin, both of New Jersey, from engaging in any business that provides radiology services. They must also pay $150,000 in penalties and $4,000 in costs to the state. The company must also:

• Release and deliver copies of all patient records and continue making them available to patients through the contracted company, Nova Records Management
• Make timely payments to Nova for maintenance, indexing and storing of patient records
• File a report by July 6, 2008 demonstrating full compliance

Ruben Fleurantin’s medical license has been revoked by the New York State Department of Health.

Bay Imaging abruptly shut down in August 2006 without notifying patients of the closure or providing patients and doctors with medical records. Additionally, the now-defunct company warehoused more than 80,000 patient files in several New York and New Jersey locations in unorganized, haphazard conditions. The Fleurantins repeatedly ignored requests from patients, referring doctors, and ultimately, court orders requiring them to preserve and produce radiology records, including mammograms, breast sonograms, MRIs, CT scans, X-rays and other diagnostic imaging results.
Because the owners failed to acknowledge requests from patients for their records, many of them had to undergo invasive and expensive procedures and biopsies to determine depth, scope and progress of diagnoses. These procedures would have been unnecessary had the records been made available.

In April 2007, the Attorney General’s Office obtained a court order requiring the company to immediately provide the records to patients. In July, the Fleurantins were found guilty of criminal and civil contempt for failure to comply with two orders. The pair had to each pay a $15,000 fine and serve jail time (Ruben Fleurantin: 4 months; Aram Fleruantin: 49 days).

Patients who have been unable to obtain their medical records from Brooklyn-based Bay Imaging, P.C., are urged to contact Nova Records Management in writing at:

9B Brick Plant Rd
South River, N.J., 08882
Fax: 732-698-2045

The case was handled by the Assistant Attorney General-In-Charge Lois Booker-Williams of the Brooklyn Regional Office and assisted by Investigators Georgia Nurse, Karon Richardson and Milton Branch.
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