All of this increases the likelihood that you or one of your colleagues will leave your current practice. As this case shows, the interests of an employer in enforcing a restrictive covenant must be balanced by a providers duty not to abandon their patients. 8. The first example letter for notifying patients of a physician leaving their practice comes from Medical Center Clinic. You may start by searching for your state requirements, but quickly end up at a third-part source that has paraphrased or misinterpreted the laws. The analysis will always depend on the particular circumstances involved. Since most patients do not receive a monthly notice, it is common practice to place a dignified advertisement in two or three editions of the local newspaper notifying the general public, as well as past and present patients., https://apps.ok.gov/osboe/documents/Closing%20DO%20Office.pdf, State advises, If you plan to cease the practice of medicine in Oregon, you are required to ensure safe storage and access to patient records. This material may not otherwise be downloaded, copied, printed, stored, transmitted or reproduced in any medium, whether now known or later invented, except as authorized in writing by the AAFP. Section 456.057, Florida Statutes, sets forth the requirements that must be followed when a physician retires, closes his office or relocates his practice. In addition to paying a $15,000 penalty, URMC agreed to train itsworkforce on policies and procedures related to PHI and notify the Attorney General of future breaches. Notifying Patients of a Doctor's Retirement You may have observed that communicating with your patients about your leaving is essential in each of the processes we covered above. 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. This will most likely include an employment agreement, a shareholders agreement (if the practice is a corporation) or an operating agreement (if the practice is a limited liability company) and, in some cases, a deferred compensation arrangement. Should patients be notified of the physicians departure? All rights reserved, Prohibition Against Interference 165.5(c)(1-2). 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. If you didn't sign a non-compete agreement, you can notify your patients that you're leaving and tell them where you're moving. 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. Leaving a practice can be a stressful time in any physicians career. Approximately ninety days is suggested whenever possible. A physician must give notice to patients of his or her leaving or closing a practice, otherwise face a possible claim of patient abandonment. You Can't Take It with You - Davis Wright Tremaine 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. Such property is confidential and, therefore, not to be used or disclosed following termination of the providers employment. The case of Bloomington Urological Associates, SC v. Scaglia, 686 N.E.2d 389 (Ill. App. Notices to Patients When a Physician Leaves a Group Practice When a physician leaves a group practice, the physician has a duty and a right to notify his or her patients. It is imperative patients are notified well in advance of closure to ensure they have access to their medical records for continuation of care. See permissionsforcopyrightquestions and/or permission requests. The patients of a physician who leaves a group practice should be notified that the physician is leaving the group., https://www.commerce.alaska.gov/web/portals/5/pub/MED_Guide_Retiring_Closing_Leaving_Group.pdf, Arizona Revised Statutes Title 32. Can a health care practitioner terminate a patient relationship? In that circumstance, the list of names may be PHI. The physician fails to provide for continuity of prescription medications between the notice of intent to withdraw from the physician-patient relationship and the date on which the physician-patient relationship ends, if the prescription medications are necessary to avoid unacceptable risk of harm. At Cariend, [], When physicians retire or close their practice, there are many tasks to complete to ensure the process [], No matter the size or scope of their operations, hospitals and medical facilities are driven to reduce [], Hospital and medical facility managers recognize EMR systems as a necessary part of managing patient medical data. Why? https://regulations.justia.com/states/wyoming/medicine-board-of/medicine-board-of/chapter-3/section-5/. How to Ensure Continuity of Care If a Physician Leaves Your Practice For the states that do not offer specific guidance on closing a medical facility and simply defer to AMA or state medical society guidelines, understand these are third-party sources are merely providing general guidance, and not legal or practice-specific advice. 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. Each patient should receive a letter and notices should appear in local newspapers at least three times over a few months or more. Further, many retirement plans have vesting schedules that depend on the number of years one has worked with the employer. Texas Medical Board. Negotiations over non-solicitation restrictions can play out like a game of tug of war. According to, Schneiderman, Other medical centers, hospitals, health care providers, and health care entities should view this settlement as, a warning, and take the time now to review and amend, as, needed, their own policies and procedures to better protect private patient information., Law Enforcement and Healthcare: When Consent, Privacy, and Safety Collide. 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. The cost of successfully defending a medical malpractice action is lifestyle altering. A physician shall provide a patient written notice of the termination of the physician-patient relationship. The FMA also . HIPAA protects information that relates to the past, present, or future physical or mental health or condition of an individual when there is a reasonable basis to believe the information can identify the individual. There may also be different rules for different types of medical facilities or practice types, such as hospital vs. private practice, or psychiatry vs. dentistry. 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., While the KBHA does not make laws, this organization works closely with both bankruptcy courts and other official state resources, appearing as both a regulatory authority and an independent agency. Although the Health Information Portability and Accountability Act of 1996 (HIPAA) prohibits the unauthorized disclosure of PHI, the NP disclosed the PHI to her new employer, GRN, without the patients authorization. URMC began receiving calls from patients who were upset that their confidential medical information had been disclosed without their permission. (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. workforce on policies and procedures related to PHI and notify the Attorney General of future breaches. For example, practices often agree to pay for tail coverage in the event that employment is terminated by the practice without cause. A non-solicitation restriction may prevent the provider from issuing such notice directly. See the bottom of this page for a state-by-state comparison of the available guidelines. The Physician should initially notify all patients by a letter which informs the patient of the date the physician will stop practicing and the method by which the patients can obtain their medical records or have them transferred to another physician., http://w.vtmd.org/sites/default/files/Vermont%20Guide%20to%20Health%20Care%20Law%20-%20Nov%202018%20Edition%20Final.pdf, Code of Virginia 54.1-2405 states, No person licensed, registered, or certified by one of the health regulatory boards under the Department shall transfer records pertaining to a current patient in conjunction with the closure, sale or relocation of a professional practice until such person has first attempted to notify the patient of the pending transfer, by mail, at the patients last known address, and by publishing prior notice in a newspaper of general circulation within the providers practice area, as specified in 8.01-324., https://law.lis.virginia.gov/vacode/title54.1/chapter24/section54.1-2405/, State Guideline Number: OP04-29 states, Practitioners continue to have obligations toward patients during and after departure from, or the closing of a medical practice. Common questions include: Navigating the line between non-solicitation and patient abandonment poses a challenge. The employer pulls in one direction, seeking to draft the non-solicitation clause broadly to protect against internal poaching of clients and staff. The physician will have the opportunity to mentor new physicians. Yes. 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. The Texas Medical Board (TMB), in an attempt to address this issue, adopted regulations that must be followed whenever a physician leaves a group. Another helpful approach, particularly for specialized physicians, is to provide referrals to nearby practices or physicians offering similar types of care or services. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. The FMA also recommends that the practitioner terminating the relationship should provide assistance in locating another practitioner for the patient. Some states dont specifically list steps for closing a practice, but simply note the requirements for terminating a physicians relationship to patients. The requirements of this rule shall not apply to a physician who has retired from or sold his or her medical practice if: Such physician has notified his or her active patients of retirement from or sale of practice by mail. Its an important aspect of [], At Cariend, we understand the challenges faced by healthcare facilities in transition. We are looking for outstanding providers with leadership experience, who are committed to delivering high quality and compassionate patient care, to join our team. Readers should consult their healthcare attorney to obtain advice with respect to any legal matter. A letter placed in the patients monthly billing notice is one method. 2. Dr. Randolph Zuber and his son defense attorney Blake Zuber have a long history of service to TMLT and the physicians of Texas, We are sad to announce the death of Randolph Clark Zuber, MD, a founder and member of our first Governing Board. When Physicians Leave a Practice: Seven Keys to a Smooth Transition The KBHA serves as a great resource to physicians. If the practice has social media, post the notification message there as well. Most practices only close once. Notify patients in writing, through a letter carefully crafted with input from practice colleagues or the employing . Many states require that patients be notified when a physician is departing a practice. Rather than include the providers new practice location, the notice may identify another provider within the practice who can continue to treat the patient. 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." Ensuring that patients receive reasonable notification; Ensuring that patients are given an opportunity to obtain copies of their records or arrange for the transfer of their medical records to another physician; Specifying who has custodianship of the records; and, Advising how copies of the medical records may be obtained.. However, the information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for informational purposes only. 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. Notify Third Parties Dependent upon the provisions of contracts and state law, the insured physician and practice may need to notify various third parties. At the mediation, the single specialty practice initially took the position that: (1) if a patient contacted them asking for an appointment with one of the departing physicians, the practice would . 7. TMB rules for physicians who retire, close, or leave a practice. 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. Don't worry, I did that on purpose. First, ensure proper notice is provided to patients as well as all interested governmental entities and other organizations. Or, in limited circumstances, the new practice may provide coverage through a new policy with a retroactive endorsement date. We understand the process can feel daunting. Placing a sign on the door of the closed practice only works if the space will not have future tenants. (3) A copy of the posted notices shall be submitted to the TMB within 30 days from the date of termination, sale, or relocation of practice. For example, you would never want to be in a situation where you felt compelled to lie to a patient. With respect to patients, solicitation generally requires a targeted, affirmative act by the employee to convince a patient to obtain services from somewhere other than the employers practice. What determines a critical or high-risk patient? 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. The Intersection Between Non-Solicitation and Patient Abandonment Many states require that patients be notified when a physician is departing a practice. Notice to Patients. Prohibition Against Interference 165.5(c)(1-2)rules state that: PDF Notice to Patients on the Departure of a Physician Texas Medical Board. Physicians are generally required to notify patients directly through one or more channels . 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. 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. https://www.texmed.org/Template.aspx?id=6676, The Vermont Guide to Healthcare Law by the Vermont Medical Society advises, In order to avoid a claim of abandonment, the physician should take several steps to terminate the physician-patient relationship.