Cherrie v. Virginia Health Services

OPINION BY JUSTICE D. ARTHUR KELSEY

The circuit court dismissed declaratory judgment complaints filed by two decedents' estates seeking to assert a private right of action for the production of documents under 12 VAC § 5-371-140(G). After consolidating these cases, the court held that the regulation did not require the production of documents requested by the estates and, on that basis, dismissed both complaints. We affirm but for a different reason. The governing statute does not imply a private right of action for the enforcement of this regulation, and thus, the estates' claims cannot be…