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. Some states dont specifically list steps for closing a practice, but simply note the requirements for terminating a physicians relationship to patients. 7. The notice must include an explanation of how copies of the facilitys records may be accessed by patients. The physician will have the opportunity to mentor new physicians. Who should provide the notice? The answer is yes. The cost of successfully defending a medical malpractice action is lifestyle altering. In Illinois, as in many other states, patient abandonment is not only a form of malpractice; for physicians, it is also grounds for disciplinary action against ones license. A 24-year-old pregnant woman came to her ob-gyn with a headache and high blood pressure. Unless your employment agreement provides otherwise, you may be able to notify patients that you are leaving the practice . 1. http://www.nmms.org/wp-content/uploads/2018/08/closing_your_practice_2016_revised_-_pcs_0.pdf. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=9&ch=190&rl=8, Additional Resources: Texas Medical Association advises, Texas Medical Board (TMB) regulations say a physician leaving a group must notify his or her patients by: Publishing a notice either: On the physicians or practices website or 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 Placing a written notice in the physicians office; and Sending patients the physician has seen in the last two years either: A notice in a letter or A notice in an email in a manner compliant with state and federal law. 2) The state offers guidelines, but without any statutory requirements or law enforcing notification practices. We are looking for outstanding providers with leadership experience, who are committed to delivering high quality and compassionate patient care, to join our team. Web Design Trundlemedia, Health Insurance Portability and Accountability Act(HIPAA). URMC began receiving calls from patients who were upset that their confidential medical information had been disclosed without their permission. 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. In addition to sending letters, think carefully about how you will address this topic when you speak with patients. 2, When requested, the practice should provide the departing physician with the contact information of his/her patients to ensure the departing physician is allowed to fulfill patient notification responsibilities, and to avoid TMB disciplinary sanctions for the remaining physicians and possible legal risk to the practice. 3. Common questions include: Navigating the line between non-solicitation and patient abandonment poses a challenge. 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. (I) Posting such notice on the physician's or practice website; OR Voice mail systems can also be modified to provide new contact information after the physician has departed. The analysis will always depend on the particular circumstances involved. Closing or Relocating Your Physician Practice in Florida In April 2015, GRN sent letters to the patients whose names were on the spreadsheet announcing that the NP had joined the practice and advising them of how to switch to GRN. Thus, their specialty naturally limits their exposure to allegations of patient abandonment when they leave their jobs. 1) The state has enacted law regarding patient notification. Does a heath care practitioner have to accept new patients? The penalty was the result of a settlement with New York Attorney General Eric Schneiderman. Review your content's performance and reach. 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. In addition to reviewing any documents you have signed, you should review any of the practices policies applicable to employment and departures. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. For example, you would never want to be in a situation where you felt compelled to lie to a patient. Starting, Closing, or Selling a Practice | AAFP workforce on policies and procedures related to PHI and notify the Attorney General of future breaches. In this way, the provider might avoid claims of patient abandonment. From tail coverage to giving notice, heres how to prepare yourself, your partners and your patients for your departure. Dont hesitate to contact an attorney if you have any questions. 2. Closing or Relocating a Healthcare Practice - The Doctors 2. Review the practices established policies. Illinois General Assembly Public Act 84-7; 92-228 states health care facilities must provide the public with at least 30 days prior notice of the closure of the facility. Understand your clients strategies and the most pressing issues they are facing. These functions included taking phone calls from existing patients with treatment-related questions. Many states require that patients be notified when a physician is departing a practice. 456 057 subsection 13 states, records owners shall place an advertisement in the local newspaper or notify patients, in writing, when they are terminating practice, retiring, or relocating, and no longer available to patients, and offer patients the opportunity to obtain a copy of their medical record., https://www.flsenate.gov/Laws/Statutes/2011/456.057, Rule 360 3-.02 (16) states, O.C.G.A 43-1-19 and 43-34-37 authorize the Board to take disciplinary action against licensees for unprofessional conduct. Unprofessional conduct shall include, but not be limited to, the following: Failing to maintain patient records documenting the course of the patients medical evaluation, treatment, and response. Accessed January 18, 2023. 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. An official letter to your patients is highly recommended. On the other hand, a notice directed to specific patients that informs them that the provider is leaving the employers practice and identifies a new practice where the patient can receive the same or similar services is much closer to the line of solicitation. Supreme Court Decision Impacts FLSAs Overtime Rules, Update on San Franciscos Treatment of Vacant Properties, 2023 Filing Requirements and Contribution Limits for California Major Donors, Checklist: Processor due diligence (data protection and cybersecurity) (UK), Checklist: Obtaining and managing consent under the GDPR (UK), Checklist: Assessing whether an organisation is a controller or processor under the GDPR (UK), Notice to the patient that the physician will no longer be practicing medicine at the health care entity, The date the physician ceased or will cease to provide medicine services at the health care entity, If the physician will be practicing medicine in another location,contact information for the physician subsequent to leaving the health care entity, Contact information for an alternative physician or physiciansemployed by the health care entity or contact information for a group practice that can provide care for the patient. Those remaining in the practice must be careful not to interfere with the departing physician fulfilling these responsibilities. TMB rules for physicians who retire, close, or leave a practice. Many states defer to their state medical society or American Medical Association (AMA) guidelines, which are not legal requirements, and typically do not cover all of the potential variables that may exist in your situation. Notifying Your Patients When You Leave a Practice 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. The key is to prevent patients from falling through the cracks because of tensions between the physician and the practice. Cover your tail. 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. However, here are a few baseline recommendations: For example, a common suggestion is to place repeating local newspaper ads to notify the public of a closing practice. Many practices obtain claims made malpractice insurance policies that insure you for claims made during your term of employment. Alert your state medical board in case patients contact them for information. A notice in an email in a manner compliant with state . All of this increases the likelihood that you or one of your colleagues will leave your current practice. A physician shall provide a patient written notice of the termination of the physician-patient relationship. Board Rule 540-X-9-.10 states reasonable notification must be provided. Here are several keys to handling the transition appropriately. How long must a healthcare practitioner maintain a patients records? Laura Hale Brockway is the Vice President of Marketing at TMLT. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Having undertaken the care of a patient, the physician may not neglect the patient. 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. 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. You should: (1) Notify patients by letter that your practice will end and give the effective date (2) Notify patients of the record location and how to access them (3) Advise patients that they must seek the services of another health care provider or refer them to another provider (4) Advise patients that their records will be forwarded to the provider of their choice upon receipt of a properly signed release form., https://www.oregon.gov/omb/Topics-of-Interest/Pages/Patient-Records.aspx, Pa. Code 16.61(a)(17) states, (a) A Board-regulated practitioner who engages in unprofessional or immoral conduct is subject to disciplinary action under section 41 of the act (63 P. S. 422.41). The following are best practices for notifying patients: Send current patients (i.e. 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. Leaving Group Practice - hcms.org 2. Failure to comply with the time limit requirement of this Section shall subject the denying party to expenses and reasonable attorneys fees incurred in connection with any court ordered enforcement of the provisions of this Section. 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." 1) The state has enacted law regarding patient notification. PDF The Doctor is Out For TMB rules on notification requirements and more, refer to Chap 165.5 - Transfer and Disposal of Medical Records. Can a medical doctor perform acupuncture? Abandonment also occurs when a physician leaves the employment of a group practice, hospital, clinic or other health-care facility, without the physician giving reasonable notice and under circumstances which seriously impair the delivery of medical care to patients., https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/049/chapter16/chap16toc.html&d=, State advises, Publish a notice 90 days before closing a practice in a newspaper with statewide circulation, including information on how patients can get their medical records (when a physician is deceased, the heirs or the estate must give the same public notice within 90 days); Send a letter to patients that have been seen within the past year notifying them of the practice closure., https://health.ri.gov/healthcare/about/closingpractices/, State advises, Doctors should advertise in all papers, and notify all patients (no matter how long ago treated) the letter of closing. This may vary from practice to practice. Its an important aspect of [], At Cariend, we understand the challenges faced by healthcare facilities in transition. How to Ensure Continuity of Care If a Physician Leaves Your Practice 219, or send a letter to Harris County Medical Society, John P. McGovern Building, 1515 Hermann Dr, Houston, TX 77004-7126. A physician must give notice to patients of his or her leaving or closing a practice, otherwise face a possible claim of patient abandonment. 10. Review noncompetition covenants. Prohibition Against Interference 165.5(c)(1-2)rules state that: In our experience at Jackson LLP, rarely are any two non-solicitation clauses alike. Accessed January 18, 2023. These policies and others are discussed separately below. 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. https://www.msma.org/guide-to-closing-a-medical-practice.html. 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. 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. 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. 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.