The content of the notice will depend upon state law. In our experience at Jackson LLP, rarely are any two non-solicitation clauses alike. As the above discussion shows, solicitation and patient abandonment claims are not limitless. 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. 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. Many practices obtain claims made malpractice insurance policies that insure you for claims made during your term of employment. If you are not familiar with your states requirements, contact a health care attorney in your area for advice. Practice Information Physicians and Surgeons A Physician or Surgeon (M.D.) The key is to prevent patients from falling through the cracks because of tensions between the physician and the practice. 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). In any case, some of the most effective notification arrangements you can make include: As you look for notification guidance on the internet, carefully assess the credibility of the source for information. Or, in limited circumstances, the new practice may provide coverage through a new policy with a retroactive endorsement date. 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. 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). A physician may choose whom to serve. https://www.msma.org/guide-to-closing-a-medical-practice.html. 5 Ways to Cover a Physician's Departure from Your Practice The employee pulls in the other direction, seeking to narrow the non-solicitation clause to reduce its impact on future work opportunities. Doing so could subject the provider to claims of abandonment by the patient. The health care entity, which is the party responsible for maintaining custody of the medical record, should send the notice. It is, however, not uncommon for employees to solicit the departing physician prior to departure. California health care entities should review CMA guidance before sending the notice. This growth [], Filling out patient records requests at Cariend just got a whole lot easier. Determine whether solicitation of employees is prohibited. 1, 2. 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. 1997) supports this understanding. The Texas Medical Board (TMB), in an attempt to address this issue, adopted regulations that must be followed whenever a physician leaves a group. How to text patients and colleagues without violating the Health Insurance Portability and Accountability Act. [4 Samples] Letter Notifying Patients Physician Leaving Practice We are looking for outstanding providers with leadership experience, who are committed to delivering high quality and compassionate patient care, to join our team. 3. If you mail notification letters to every patient and half return as undeliverable, can you feel confident that you provided reasonable notification? The key is that the notice affords a reasonable time to find substitute care., See our related video, Patient Abandonment.. These rule changes also apply when leaving a group practice, as the departing physician is responsible for providing proper notification. The settlement arose from events in the spring of 2015. A letter placed in the patients monthly billing notice is one method. If youre in one of the states where we practice, schedule a complimentary phone consultation with one of Jackson LLPs healthcare attorneys. (C) Notifying patients seen in the last two years of the physician's discontinuance of practice BY EITHER: 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. We understand the process can feel daunting. 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. Voice mail systems can also be modified to provide new contact information after the physician has departed. Keep a step ahead of your key competitors and benchmark against them. The next generation search tool for finding the right lawyer for you. 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. 8. In contrast, patient abandonment is more prone to arise from the failure to properly act. (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. In this situation, the provider might not be precluded from soliciting that practices patients for services at the medical spa. What should a hospital or medical group do now? When possible, the outgoing provider should try to time their exit so that patients can arrange continuity in care. Transfer and Disposal of Medical Records - Texas Medical Board Confidentiality clauses usually define patient information and records generated during the providers employment as the practices property. 7.03. When Would My Healthcare Practice Use a Promissory Note? A 24-year-old pregnant woman came to her ob-gyn with a headache and high blood pressure. URMC also obtained an attestation from GRN that all PHI transmitted by URMC had been returned or deleted. Some states would recognize a tortious interference with contract if a physician were to raid the practice for employees. Do not be seduced into foregoing the purchase of tail coverage. Often practices and departing physicians will agree on what to tell patients who inquire about the tenure of the departing physician. A physician shall provide a patient written notice of the termination of the physician-patient relationship. Normal workplace stresses are exacerbated by longer hours, less pay and zero tolerance for error, which can lead to fractured relationships among partners or employed physicians in a group practice. The sign or notice shall advise the physicians patients of their opportunity and right to transfer or receive copies of their records. A. Texas Medical Board (TMB) regulations say a physician leaving a group must notify his or her patients by: In the newspaper of greatest general circulation in each county in which the physician practices or practiced, and in a local newspaper that serves the immediate practice area; and. Abandonment occurs when a physician withdraws his services after a physician-patient relationship has been established, by failing to give notice to the patient of the physicians intention to withdraw in sufficient time to allow the patient to obtain necessary medical care. Notice to Patients. 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. Also, we advise that a letter is sent to all patients seen within the last year with the same information and possible suggestions for other physicians., State advises, It is the Boards position that due care should be exercised when closing or departing from a medical practice. 1 Required notification of discontinuation of practice Notifying Patients of Physician Leaving Practice In all the steps we discussed above, you may have noticed that informing your patients about your departure is crucial. Such property is confidential and, therefore, not to be used or disclosed following termination of the providers employment. 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. Yes. http://www.nmms.org/wp-content/uploads/2018/08/closing_your_practice_2016_revised_-_pcs_0.pdf. 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. Moving On: Issues to Consider When Making a Career Move Each state treats notification guidance differently, but their approach generally falls within four distinct categories. From tail coverage to giving notice, heres how to prepare yourself, your partners and your patients for your departure. 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.