Some states dont specifically list steps for closing a practice, but simply note the requirements for terminating a physicians relationship to patients. Can a medical doctor perform acupuncture? In this instance, the departing physician and/or practice should send a letter notifying patients of the change, and offering to provide continuous care for the patients, or offering to transfer records to another provider upon request. This letter must be sent by certified mail, return receipt requested. Unless your employment agreement provides otherwise, you may be able to notify patients that you are leaving the practice . Mailing letters to every patient in your statutory retention window may not be effective either, especially if your state has a baseline of 7-10 years for medical records retention. Closing or Relocating? | Emerald Coast Medication Association document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); What kind of notification should or do I have to give to patients if I am retiring, Hospitals are often growing, acquiring new facilities and systems to expand their reach and services. https://www.njconsumeraffairs.gov/bme/Pages/FAQ.aspx, NMAC 16.10.17.9 states, Whenever possible, active patients and patients seen within the previous three years must be notified at least 30 days before closing, selling, relocating or leaving a practice. Such property is confidential and, therefore, not to be used or disclosed following termination of the providers employment. University of Florida Levin College of Law UF Law Scholarship Repository As these examples show, non-solicitation does not mean no contact. Notifying patients should be done within three months in advance; thirty (30) days at minimum. What should a hospital or medical group do now? The Medical Center suspended and ultimately terminated the nurse practitioner and treated the incident as a reportable breach. Should patients be notified of the physicians departure? Contact information that enables the patient to obtaininformation on the patient's medical records. https://www.msma.org/guide-to-closing-a-medical-practice.html. It is critical that you understand what you have promised to do and what has been promised to you via these documents. 1, Required notification of discontinuation of practice. Yes. To prevent this, you need to procure a supplemental endorsement policy, commonly referred to as tail coverage, which appends to the primary policy and insures you for claims made after your employment terminates. Thus, regardless of who is responsible for procuring tail coverage, that party should provide a certificate of insurance to the other party. Connecticut Code of Medical Records Regulations Number 19a-14-44 states, Upon the death or retirement of a practitioner, it shall be the responsibility of the practitioner or surviving responsible relative or executor to inform patients. California health care entities should review CMA guidance before sending the notice. Web Design Trundlemedia, Health Insurance Portability and Accountability Act(HIPAA). 2) The state offers guidelines, but without any statutory requirements or law enforcing notification practices. Texas Medical Board. Closing or Relocating a Healthcare Practice - The Doctors This is referred to as nose coverage. Practice fined for response to social media review, Dallas dental practice fined $10,000 after publishing PHI in response to a patient review on Yelp, Texting patients while staying HIPAA compliant. 1997) supports this understanding. Prohibition Against Interference 165.5(c)(1-2)rules state that: Accessed January 18, 2023. We are looking for outstanding providers with leadership experience, who are committed to delivering high quality and compassionate patient care, to join our team. The office should also consider changing its answering message to alert patients Notification may be satisfied using any of the following methods: (1) by placing a notice in at least one newspaper in the local practice area; notice should advise patients where their medical records will be stored; notice should include any pertinent information the patient may need for obtaining or transferring the records, including the name, mailing address and telephone number of a contact person with access to the stored records; notification should run a minimum of two times per month for three months to reach a maximum number of patients; or (2) by written or electronic mail; or (3) by individual correspondence to the patients last known physical or electronic mail address. The Physician should have 3-5 years of experience of running an OB/GYN practice with leadership skills. A physicians list of patient names by itself is not PHI, but if the physicians practice only serves patients with a certain health condition, then it may be reasonable to assume that every patient on the list must have the condition. Many practices obtain claims made malpractice insurance policies that insure you for claims made during your term of employment. . If youre in one of the states where we practice, schedule a complimentary phone consultation with one of Jackson LLPs healthcare attorneys. These policies and others are discussed separately below. The physician fails to allow for patient access to or transfer of the patients health record as required by law. These functions included taking phone calls from existing patients with treatment-related questions. However, weve found its always useful to clarify what exactly non-solicitation and patient abandonment mean and what they do not mean. If the practice has social media, post the notification message there as well. Notification can be accomplished by a sign in the reception area, a note in the monthly billing statement, or an advertisement in a local newspaper. Continued, https://www.msbml.ms.gov/sites/default/files/Policies/3-22-19Policies.pdf, Missouri Med. For providers who form more continuous treatment relationships (e.g., surgeons providing post-operative care to a patient following a procedure), patient abandonment liability can be limited by furnishing notice of termination of the relationship. 2. Review the practices established policies. A person viewing it online may make one printout of the material and may use that printout only for his or her personal, non-commercial reference. For instance, general advertisements, mailings to certain zip codes, and routine marketing activities normally would not meet this standard. Who should provide the notice? If you mail notification letters to every patient and half return as undeliverable, can you feel confident that you provided reasonable notification? The comparison is intended to serve as a resource to help retiring physicians and closing practices navigate their obligations and avoid regulatory penalties as a result of the patient notification process. Call 713-524-4267, ext. Here are several keys to handling the transition appropriately. Anyone looking for information on this topic should be aware of the risk in assuming a simple internet search will provide clear and accurate information. P&S Practice Information | MBC - California URMC also obtained an attestation from GRN that all PHI transmitted by URMC had been returned or deleted. We can help you assess your rights and responsibilities. 219, or send a letter to Harris County Medical Society, John P. McGovern Building, 1515 Hermann Dr, Houston, TX 77004-7126. Common questions include: Navigating the line between non-solicitation and patient abandonment poses a challenge. Laura Hale Brockway is the Vice President of Marketing at TMLT. Med 10.03.2 (o) states, Patient abandonment occurs when a physician without reasonable justification unilaterally withdraws from a physician-patient relationship by discontinuing a patients treatment regimen when further treatment is medically indicated and any of the following occur: 1. For instance, providers who staff emergency departments, hospitalist programs, and urgent care centers render care that is episodic in nature. established, continuing care patients who have been seen within the last year and/or patients who have future appointments scheduled) written notification of the office closure with instructions on how they may obtain access to their medical records; Place a notice on the door or near the reception desk of your practice at least 30 days in advance of the closure., https://wvbom.wv.gov/Closingordepartingpractice.asp. This content is owned by the AAFP. The answer is yes. They worry that it will force them to abandon their established patients in violation of their legal and ethical obligations. Experienced Medical Receptionist for busy Dermatology practice! 2. Apply Renew Maintain Practice Information This settlement addresses several questions that often arise when a physician (or other health care professional) departs a hospital or medical group (health care entity). BUT, the practice has a right to protect its patient list and other confidential data. Clearly, a provider is not susceptible to an allegation of patient abandonment each time arelationship with a patient terminates. She can be reached at laura-brockway@tmlt.org. Confidentiality clauses usually define patient information and records generated during the providers employment as the practices property. These assets belong to the practice and cannot be taken by the physician without the practices consent. The NP was interviewed, suspended, and subsequently terminated. Leaving Group Practice - hcms.org 2. Subsection: F9 states, If a licensee retires, moves from the area or decides to stop treating a patient or group of patients, the licensee shall: a. What can I tell my patients when Im leaving my employer? This will ensure that your departure date does not result in unnecessary forfeitures. (4) Notices placed in the physician's office shall be placed in a conspicuous location in or on the facade of the physician's office as a sign announcing the termination, sale or relocation of the practice. The California Medical Board ("CMA") advises that patients should be notified of changes in the medical practice and recommends "that due care should be exercised when closing or departing from a medical practice." Contact information for providers remaining in practice, Necessary information regarding access to medication, How medical records will be stored and how they may be accessed, Contact information for the records custodian, Expected timeline for transitioning the records, Date records will become available and how long they will be available for request. Even if a communication is arguably solicitous, it might fall outside the scope of a non-solicitation clause if it pertains to services not offered by the employer. How to text patients and colleagues without violating the Health Insurance Portability and Accountability Act. 1. Review all documents you have signed. State advises, the following requirements regarding closures must be met: each patient, resident, next of kin, physician and sponsor must be notified immediately upon receipt of the Department of Healths approval. Nevada Revised Statues (NRS) 630.304 states, The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure: (7) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient. Notifying Patients of Practice Closure When closing a practice, you should send a notification letter to the patients you have seen in your practice within the last three years. The Florida Medical Association (FMA) recommends to a practitioner who wishes to terminate a relationship that the practitioner should give the patient adequate notice in writing, and the practitioner should remain available to the patient for at least 30 days in order to allow time for the patient to find a new practitioner. The notice may be given by publication in a newspaper of general circulation in the area in which the health care facility is located. A physician can perform acupuncture under his/her medical license as long as he/she is properly trained and educated in the field of acupuncture. When Physicians Leave a Practice: Seven Keys to a Smooth Transition The notice must be published at least 1 time per month over a 3-month period in advance of discontinuing the business or leaving the State and must explain how a patient can procure that patients patient records. The TMB has rulesprohibiting the practice or physician group from interfering. See permissionsforcopyrightquestions and/or permission requests. 2023 Jackson LLP Healthcare Lawyers. 8. TMB rules for physicians who retire, close, or leave a practice Physicians who are retiring, closing, or leaving a practice can notify patients electronically and by posting a notice on their practice website, according to rules from the Texas Medical Board (TMB). The answer is yes. Many states require that patients be notified when a physician is departing a practice. Accessed January 18, 2023. Indeed, this may be especially appropriate when the employment agreement defines patients treated by the employee as the employers. The Intersection Between Non-Solicitation and Patient Abandonment 3. Section 5-5: If a licensee ceases to engage in practice: Publish a notice and the established procedure for the obtaining of records in a newspaper of general circulation at least once a month for the first three months after the practice closes and forward a copy to the Board. Has caused to be published, in the newspaper of greatest circulation in each county in which the physician practices or practiced and in a local newspaper that serves the immediate practice area, a notice which shall contain the date of such retirement or sale that offers to provide the patients records or copies thereof to another provider of the patients choice, and if the patient so requests, to the patient. First, ensure proper notice is provided to patients as well as all interested governmental entities and other organizations. The notice should be in the form of a letter sent to the patient, preferably certified with a return receipt requested. Leaving a Medical Practice / Closing a Medical Practice - HG.org Are you a healthcare provider considering a new employment agreement with a non-solicitation clause? Readers should consult their healthcare attorney to obtain advice with respect to any legal matter. According to the urologists former employer, such activities violated the non-compete. Itshould not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction. The agreement provided that for 12 months following termination of employment, the urologist would not engage in the practice of medicine within a 50-mile radius of the employer. A non-solicitation provision is usually triggered only by an action. Save my name, email, and website in this browser for the next time I comment. A practice may opt to send a letter to patients about the departure of a physician, but is generally not legally required to do so, and a physician also generally has no legal right to send such letter independently in violation of their contract (and using a practice patient list). (I) Posting such notice on the physician's or practice website; OR The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Once a decision has been made to discharge a patient from the p ractice, the practice will need to notify the patient of the termination in writing. The office should notify patients as soon as possible to support continuity of care for the deceased physicians patients.2 As a first priority, the office staff should call patients with scheduled appointments so patients with immediate needs for a physician can find another healthcare provider. Become your target audiences go-to resource for todays hottest topics. The provider might still face constraints in accessing patients addresses and other information. Make sure that if there are legal guidelines in you state, that you review them. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. URMC responded by sending breach notification letters to the affected patients and notifying the media. Ensure that their records can be transferred to another health care provider as requested by the patient, and c. Whenever possible, notice shall be provided at least 30 days prior to cessation of treatment; and (10) After transfer of the licensees medical records which meets the requirements of (9) above, the licensee shall be relieved of further responsibility for complying with requests for copies of records., http://www.gencourt.state.nh.us/rules/state_agencies/med100-600.html, State advises in Section 1-15, The doctor must notify the patient, in writing, that he/she will no longer provide care as a date certain, which cannot be less than thirty days prior to the termination date. This makes it very unfair to a physician closing their practice and illustrates why the steps outlined here are important to help closing practices avoid trouble, ensure continuity of patient care, and achieve peace of mind. Podiatrists are licensed and regulated by the Florida Board of Podiatric Medicine. You and the practice have an obligation to provide proper care for your patients. The radius is usually determined by your practices location and could range from five miles in a suburban area to 50 miles or more in a rural area. This growth [], Filling out patient records requests at Cariend just got a whole lot easier. The sign or notice shall advise the physicians patients of their opportunity and right to transfer or receive copies of their records. If possible, consider posting your retirement in your local newspaper(s) as well as on your website and/or social media pages (if applicable). Each state treats notification guidance differently, but their approach generally falls within four distinct categories. Every state has a long list of requirements to obtain and maintain a license to practice medicine, but when it comes to closing a practice, most states only offer (at best) guidelines for what to do when ending a practice, and some states offer no guidance at all. Thus, their specialty naturally limits their exposure to allegations of patient abandonment when they leave their jobs. Notice to Patients. On June 11, 2015, URMC reminded its workforce that all patient information was the property of URMC and could not be copied, shared, removed, or transferred without the permission of both URMC and the patient. A physician must give notice to patients of his or her leaving or closing a practice, otherwise face a possible claim of patient abandonment. When preparing your notifications: Looking at the closing medical practice notification guidelines of all 50 states, some are silent on providing guidance, while others provide a vague range of recommendations. Be aware that patient lists, patient charts and other patient demographic information are property of the practice, not the departing physician. Are physicians required to have a chaperone present in the room when examining patients. There is no specific time period required. And 4) The state is completely silent on patient notification without any guidance available. Further, many retirement plans have vesting schedules that depend on the number of years one has worked with the employer. In healthcare, this tug of war can implicate another stakeholder: the patient. Can a heath care practitioner refuse to treat a patient? 1) The state has enacted law regarding patient notification. The content of the notice will depend upon state law. Patient Notification Requirements for a Closing Medical Practice - Cariend Additional Resources: The Kansas Medical Society advises physician, Develop and send a letter notifying patients of closing date and contact information of the custodian., https://www.kmsonline.org/resources/practice-operations/26-general-topics/120-transitioning-a-medical-practice. Abandonment is the unilateral termination of the physician-patient relationship by the physician without giving the patient adequate notice of such termination and without giving the patient sufficient time to establish a relationship with a new physician. Continued. In these cases, patients do not expect the same provider to perform related services in the future. 3. Post the notification on the practice website. Review your content's performance and reach. It must protect the patients medical record and not release it without patient authorization. The unique facts and circumstances related to a patients condition and care should be used to determine how much notice a patient should be given prior to the actual termination of the physician-patient relationship, and whether the physician should facilitate the transfer of care to another provider., Louisiana State Medical Society Guidelines The physician cannot abandon the patient. Further, many deferred-compensation arrangements are linked to the amount of notice given. See the bottom of this page for a state-by-state comparison of the available guidelines. Texas Medical Board. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Approximately ninety days is suggested whenever possible. While it may be convenient to resign shortly before Christmas so that you can spend the holidays at home, it could be a monumental mistake if it results in losing nearly one years worth of retirement benefits. This should be posted in your office well in advance of your official retirement. For example, you would not want to plan your departure during a week in which you are anticipating five deliveries. Is a list of patient names without information about the patients medical condition considered PHI? 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