https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=093-0087, Indiana Administrative Code 844 IAC 5-2-16 states, A practitioner, upon his/her retirement, or upon discontinuation of the practice of medicine or osteopathic medicine, or upon leaving or moving from a community, shall notify all of his/her active patients in writing, or by publication once a week for three (3) consecutive weeks in a newspaper of general circulation in the community, that he/she intends to discontinue his/her practice of medicine or osteopathic medicine in the community, and shall encourage his/her patients to seek the services of another practitioner., https://www.in.gov/pla/professions/medical-licensing-board-of-indiana/public-notices/practice-related-faqs/, Iowa Administrative Code 13.7(1) states, Termination of the physician-patient relationship. That case involved a dispute over a non-compete in a urologists employment agreement. If you are planning to make such a move, or to ask one of your partners to leave, follow these steps to avoid getting burned. This blog is made for educational purposes and is not intended to be specific legal advice to any particular person. This example is conceptual. Among the factors in the decision, the court concluded that physicians obligations not to commit patient abandonment militated against interpreting the non-compete as the employer proposed, stating: To conclude that telephone inquiries from existing patients to their physician constitute the practice of medicine in the context of a restrictive covenant would effectively force a physician to neglect or abandon his patients whenever they telephone or page him with medical-related questions, concerns, or emergencies at a time when he happens to be in the restricted geographical area. Those remaining in the practice must be careful not to interfere with the departing physician fulfilling these responsibilities. https://www.msma.org/guide-to-closing-a-medical-practice.html. This letter must be sent by certified mail, return receipt requested. 3. How long must a healthcare practitioner maintain a patients records? Approximately sixty days prior to closure, patients who require frequent follow up should be referred to other physicians and patients with acute medical problems should have appropriate follow up arranged., https://www.maine.gov/md/sites/maine.gov.md/files/inline-files/2017summer_0.pdf, State advises, adequate time must be given to allow the patient to obtain a new practitioner. The Texas Medical Board (TMB), in an attempt to address this issue, adopted regulations that must be followed whenever a physician leaves a group. If you use certified, return receipt mail, you can place a copy of the letter and return receipt in the patients file in case there is ever an issue of notification., https://www.albme.gov/resources/licensees/practice-issues, Alaska State Medical Board adopted AMA policy No. As we were assembling the resources for this document, we were amazed at the level of vague, incomplete, and even inaccurate material on the internet regarding notification requirements for closing medical practices. You'll quickly notice that it's actually not a letter that talks about a physician leaving, rather it's a new doctor welcome letter. She can be reached at laura-brockway@tmlt.org. What if a given non-solicitation provision does not restrict a providers right to notify patients of his or her departure? It must protect the patients medical record and not release it without patient authorization. Accessed January 18, 2023. See the bottom of this page for a state-by-state comparison of the available guidelines. Dont hesitate to contact an attorney if you have any questions. 1. 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. 5. Review your retirement plans. In addition to sending letters, think carefully about how you will address this topic when you speak with patients. Indeed, this may be especially appropriate when the employment agreement defines patients treated by the employee as the employers. Does a heath care practitioner have to accept new patients? Make reasonable efforts to directly notify patients treated within the prior six months letting the patients know about the manner in which the patient can obtain copies of his/her records. Placing a sign on the door of the closed practice only works if the space will not have future tenants. Unprofessional conduct includes, but is not limited to, the following: (17) Abandoning a patient. The legal guidelines regarding patient notification vary for each state. 2) The state offers guidelines, but without any statutory requirements or law enforcing notification practices. Sources Save my name, email, and website in this browser for the next time I comment. Just because a provider ends patient relationships following termination of employment and cannot, by contract, solicit the employers patients for further treatment, does not mean that the provider is necessarily at risk of liability for patient abandonment. Thus, their specialty naturally limits their exposure to allegations of patient abandonment when they leave their jobs. Physicians are generally required to notify patients directly through one or more channels . This can be significant, especially if you deliver babies. Learn practical ways to communicate with disruptive or angry patients. 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. An inaugural UCF resident who served veterans as a chief resident and whose career goal is to cure diabetes is the new leader of the College of Medicine's endocrinology fellowship in greater Orlando. The University of Rochester Medical Center (URMC) recently agreed to pay a $15,000 penalty for providing patient names, addresses, and diagnoses to a departing nurse practitioner (NP) without first obtaining authorization from those patients. This will ensure that your departure date does not result in unnecessary forfeitures. For TMB rules on notification requirements and more, refer to Chap 165.5 - Transfer and Disposal of Medical Records. It is the position of the Washington State Board of Osteopathic Medicine and Surgery (Board) that transition from a medical practice is done with a minimum of disruption to the patient. When an osteopathic physician leaves a group practice, the patients of that physician must be notified., https://www.doh.wa.gov/portals/1/Documents/2300/RetentionOfMedicalRecords_And_PatientNotification.pdf, State advises, When a medical practice closure timetable allows, physicians should engage in a conscious and methodical winding down of a medical practice. The settlement arose from events in the spring of 2015. Can a medical doctor perform acupuncture? According to TMB Rules Chapter 165.5(a)(1-3): When a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for: (2) Notification shall be accomplished by: (A) EITHER: You should note, however, that most states allow a patient to request that his or her chart be forwarded to a departing physician, in which case the physician can, at that time, receive the chart from the practice. For example, you would never want to be in a situation where you felt compelled to lie to a patient. Such an approach may frustrate the provider who is leaving. Notify the regulatory and business agencies impacted by your closure, including Centers for Medicare & Medicaid Services (CMS), Drug Enforcement Administration (DEA), health insurers, state medical or business associations, and state medical boards. The sign or notice shall advise the physicians patients of their opportunity and right to transfer or receive copies of their records. Practice Information Physicians and Surgeons A Physician or Surgeon (M.D.) Some states would recognize a tortious interference with contract if a physician were to raid the practice for employees. 1997) supports this understanding. An example letter . Notice to Patients. When a physician retires or dies, patients should be notified and urged to find a new physician and should be informed that upon authorization, records will be sent to the new physician. http://www.nmms.org/wp-content/uploads/2018/08/closing_your_practice_2016_revised_-_pcs_0.pdf. The notice shall provide the patient with 30 days to request a copy of his or her record or to designate where he or she would like his or her medical records transferred and shall request from the patient within 30 days written authorization for the destruction of his or her medical records., http://www.legislature.mi.gov/(S(qm1p2yrrhuxenh2d4yfgk1dd))/mileg.aspx?page=GetObject&objectname=mcl-333-16213, Mississippi State Board of Medical Licensure Policy 3.17 advises, whether by relocation, retirement, disability or death, the patient should be advised of the right to have the medical records sent to the physician of their choice. 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. Your contract may contain provisions against your soliciting the employment of existing employees of the practice. 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. is an individual issued a license allowing them to practice medicine. The analysis will always depend on the particular circumstances involved. Examples include social media pages, website banners, email, or even utilizing the practices existing patientportal. Confidentiality clauses usually define patient information and records generated during the providers employment as the practices property. Make sure that if there are legal guidelines in you state, that you review them. This comparative map shows the patient notification guidelines for all 50 states. A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent? Or, in limited circumstances, the new practice may provide coverage through a new policy with a retroactive endorsement date. Non-solicitation clauses are a type of restrictive covenant (meaning legally that they forbid a party from doing something). The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Offer to send copies of their medical records to their new physician and include an authorization for release of medical records., https://health.maryland.gov/mbpme/Pages/patientabandon.aspx, Michigan Public Health Code 333 16213(3)(b) states, licensee or the personal representative of the licensee, if the licensee is deceased, sends a written notice to the last known address of each patient for whom he or she has provided medical services and receives written authorization from the patient or his or her authorized representative, destroy the records required under subsection (1). Such clauses generally cover a specific geographic area and period of time. The American Medical Associations Ethical Opinion E-7.03 provides that [t]he patients of a physician who leaves a group practice should be notified that the physician is leaving the group., Health care entities must be prepared for the departure of physicians and other health care professionals. The content of the notice will depend upon state law. Rather than include the providers new practice location, the notice may identify another provider within the practice who can continue to treat the patient. Say, for example, a provider leaves a dermatology practice to join a medical spa that performs cosmetic procedures not available at the dermatology practice. The practice should also provide a script for receptionists on what to say. 3) The state offers no guidance, but another state association (i.e. Ultimately, a patient always has the right to seek out a provider of their choosing. A clean departure will save you headaches and possibly dollars in the immediate future and in the long run. A physician shall ensure that emergency medical care is available to the patient during the 30-day period following notice of the termination of the physician-patient relationship., https://www.legis.iowa.gov/docs/iac/rule/09-22-2010.653.13.7.pdf, Kansas Board of Healing Arts (a regulatory board created by legislature for the purpose of education, administration, regulation enforcement) advises providers follow AMA Guidelines. Retiring members can reference our Retirement Checklist for additional guidelines and to find information about Tribute Plan award payments. 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). Are you a healthcare provider considering a new employment agreement with a non-solicitation clause? But it is highly recommend for the protection of the physician and the patient. It is important to be mindful when reviewing sample closure letters floating around on the internet that most fail to consider many items beyond closure date and how to obtain copies of medical records. Jennifer Bendokas, PA-C. Otolaryngology (ENT) 1110 Hospital Road Fort Walton Beach, Florida 32547 850.863.8275 Education Doctor of Medicine Science University of Lynchburg 1, Required notification of discontinuation of practice. This may be a requirement in your state, but make sure your plan also includes more effective notification methods that contain modern avenues of communicating that will more likely reach your patients. The statute adopts the concept of a "records owner." A "records owner" may or may not be a physician. Colorado provides a combination of guidelines and state laws, and while their categorization in terms of whether its a law or mere guidance isnt completely clear, when considering the information as a whole it compels Colorado physicians to make provisions to ensure the physician (or estate) isnt liable for abandoning patients or their records. Employment contracts usually reinforce this notion. According to the urologists former employer, such activities violated the non-compete. Keep the phone number of the closed practice active for a minimum of 90 days and include key information on the voicemail after the practice has closed. 1, 2. Before leaving, she asked for a list of patients she treated while employed at URMC, and URMC provided her with a spreadsheet containing the protected health information (PHI) of 3,403 patients.
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