notifying patients of physician leaving practice florida notifying patients of physician leaving practice florida

It is, however, not uncommon for employees to solicit the departing physician prior to departure. For this reason, you should review the covenant as though it is entirely enforceable in accordance with its terms. 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. Most practices only close once. In our experience at Jackson LLP, rarely are any two non-solicitation clauses alike. 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. Your careful attention to these details will ensure a smooth transition to a new practice. Generally, tail coverage costs between 1.5 and two times a physicians annual premium. Leaving Group Practice - hcms.org A physician in a multi-physician practice is retiring or leaving the geographic practice area. What should be in the notice? 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. Podiatrists are licensed and regulated by the Florida Board of Podiatric Medicine. 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. These guidelines tend to put a heavy burden on the physician, leaving them to decide on their own, items such as: In all cases, even if a particular state offers no specific requirements or guidelines for closing practice notifications, every state is clear about seeking to penalize physicians for complaints of abandonment or untimely records access if the steps chosen by the physician fail to meet an unpublished standard. The case of Bloomington Urological Associates, SC v. Scaglia, 686 N.E.2d 389 (Ill. App. Principles of Medical Ethics Opinion 1.1.5 (1) Notify the patient far enough in advance to permit the patient to secure another physician; and (2) Facilitate transfer of care when appropriate. Below we share both guidance from the State Board of Medical Examiners and information available from the Department of Regulatory Agencies (DORA) indicating regulatory penalties that could be assigned for not ensuring patient access to records. In March 2015, the NP was preparing to leave URMC for a position at Greater Rochester Neurology (GRN). The cost of successfully defending a medical malpractice action is lifestyle altering. For determining your best course of action on notification, rely on an experienced custodial records provider that can share examples of what others have done, participate in a dialog with your malpractice insurer or healthcare attorney, and determine what is best for your specific practice type and patients in order to balance cost, patient care, and reasonability. A physician may diagnose, prescribe, and administer treatment to individuals suffering from injury or disease. It does not create an attorney-client relationship between our firm and the reader. This notice shall be no less than two columns wide and no less than two inches in height. Your contract may require that you give your practice advance written notice of your departure. Don't worry, I did that on purpose. Here are several keys to handling the transition appropriately. Patient Notification Requirements for a Closing Medical Practice - Cariend It must protect the patients medical record and not release it without patient authorization. 9. The TMB has rulesprohibiting the practice or physician group from interfering. These assets belong to the practice and cannot be taken by the physician without the practices consent. Some states even require or suggest 30 days prior written notice before a departure so that patients will have sufficient time to transfer their records if they desire to change physicians. 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). https://www.health.ny.gov/facilities/adult_care/dear_administrator_letters/acf_closure_guidelines.htm, The North Carolina Medical Society advises, practitioners and other parties that may be involved to ensure that: patients are notified of changes in the practice, sufficiently far in advance (at least 30 days) to allow other medical care to be secured, which is often done by newspaper advertisement and by letters to patients currently under care (Sample letter Attachment A); patients clearly understand that the choice of a health care provider is the patients; patients are told how to reach any practitioner(s) remaining in practice, and when specifically requested, are told how to contact departing practitioners; and patients are told how to obtain copies of or transfer their medical records., https://www.ncmedsoc.org/wp-content/uploads/2013/06/Closing-a-Medical-Practice.pdf, Rule 4731-27-03 states, When () a health care entity provides to patients a notice of the termination of a physicians employment, the notice shall be provided in one of the following ways: (1) A letter sent via regular mail to the last address for the patient on record, with the date of mailing of the letter documented; (2) An electronic message sent via a HIPAA compliant electronic medical record system or HIPAA compliant electronic health record system that provides a means of electronic communication between the health care entity and the patient and is capable of sending the patient a notification that a message has been received and is in the patients portal., https://codes.ohio.gov/ohio-administrative-code/rule-4731-27-03, State advises, Whenever a physician is leaving or has left practice and the actual office is being closed, several different methods of patient notification can be used. 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. If you are not familiar with your states requirements, contact a health care attorney in your area for advice. A Must-Do List for the Departing Physician | AAFP 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. Your contract may contain provisions against your soliciting the employment of existing employees of the practice. Through our years of experience in the custodial records field, we have worked with clients in almost every health care arena and handled the full spectrum of records management needs. 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. Hear from top leaders in medicine We can help you assess your rights and responsibilities. If you are responsible for tail coverage, you may be able to negotiate with your new practice to provide you with sufficient funds to purchase it. 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 . A copy of this notice shall also be submitted to the Board not less than one (1) month prior to the date of termination, sale, or relocation of the practice. What should a hospital or medical group do now? A notice in an email in a manner compliant with state . All rights reserved, Prohibition Against Interference 165.5(c)(1-2). TMB rules for physicians who retire, close, or leave a practice. Notifying Patients of Physician Leaving Practice - PostGrid 115(4): 325327 advises, practices must notify patients as soon as possible to facilitate continued patient care. 3) The state offers no guidance, but another state association (i.e. Copyright 1997-2023 TMLT. First, ensure proper notice is provided to patients as well as all interested governmental entities and other organizations. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. In Ontario and Alberta, for example, at least 90 days notice is required, unless the closure is unexpected or due to circumstances beyond the physician's control, in which case the notice must be communicated as soon as reasonably possible. Determine whether solicitation of employees is prohibited. A critical criterion for patient abandonment claims is the need for further treatment. 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. Accessed January 18, 2023. Under Florida law, when a licensed physician terminates practice, or relocates and is no longer available to patients, the physician must publicly announce their withdrawal from practice by publishing an announcement once a week, for four consecutive weeks. In healthcare, non-solicitation restrictions can extend to patients and other providers who refer patients to the practice or business. Cover your tail. The KBHA serves as a great resource to physicians. (2). 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. Say, for example, a provider leaves a dermatology practice to join a medical spa that performs cosmetic procedures not available at the dermatology practice. For example, you would not want to plan your departure during a week in which you are anticipating five deliveries. PDF Retention of medical records and patient information upon closure of a If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. This is referred to as nose coverage. (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. Notifying Your Patients When You Leave a Practice Review your content's performance and reach. Board Rule 540-X-9-.10 states reasonable notification must be provided. This can be significant, especially if you deliver babies. 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. Are physicians required to have a chaperone present in the room when examining patients. It is not just a piece of advice; several state and federal regulations make it a mandate. Professions and Occupations 32-3211 states, If the health professional terminates or sells the health professionals practice and the patients medical records will not remain in the same physical location, the procedure by which the health professional shall notify each patient in a timely manner before the health professional terminates or sells the health professionals practice in order to inform the patient regarding the future location of the patients medical records and how the patient can access those records., Arkansas Medical Society states, AMS recommends that a physician place an ad in their local newspaper announcing the closure with instructions as to how the patient can obtain copies of their medical records. What is the health care entitys responsibility when a physician departs? University of Florida Levin College of Law UF Law Scholarship Repository In addition to sending letters, think carefully about how you will address this topic when you speak with patients. The sign or notice shall advise the physicians patients of their opportunity and right to transfer or receive copies of their records. By contrast, a non-solicitation provision prohibits the employee from soliciting the employers clients and personnel for other business or work opportunities. Unless your employment agreement provides otherwise, you may be able to notify patients that you are leaving the 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. You and the practice have an obligation to provide proper care for your patients. The content of the notice will depend upon state law. 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. If a non-solicitation attempted to forbid any treatment whatsoever of patients from the employers practice, then it would likely be unenforceable in Illinois. is an individual issued a license allowing them to practice medicine. 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. Non-Solicitation and Confidentiality Clauses. 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. For example, the Ohio Medical Board has adopted specific rules about the content of the notice, which must include the following (Rule 4731-27-03): The Ohio rules require the health care entity to send the notice to patients, but it may satisfy its statutory obligation by providing patient contact information to the departing physician and requiring the physician to send the notice to patients. is regulated by the Florida Board of Nursing. Dont hesitate to contact an attorney if you have any questions. 1, 2. [], Smart hospitals and medical facility managers already know how to capture savings in health information management by [], Hospitals and healthcare providers are aways looking for opportunities to increase savings. 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. Weve compiled a resource to compare guidelines for every US state. Harris County Medical Society. 2. The notice may be given by publication in a newspaper of general circulation in the area in which the health care facility is located. 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. See permissionsforcopyrightquestions and/or permission requests. Before you make any decisions, revisit your employment contract and your states laws regarding the issue. Are you a healthcare provider considering a new employment agreement with a non-solicitation clause? Provide notice to those active patients which explains that the licensee is no longer available to them, b. 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. 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. 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. 7.03. For assistance, members of The Doctors Company can contact a patient safety risk manager at (800) 421-2368 or by email. In addition to reviewing any documents you have signed, you should review any of the practices policies applicable to employment and departures. Leaving a group 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.. 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. 6. 2) The state offers guidelines, but without any statutory requirements or law enforcing notification practices. If you fail to give notice, the practice could claim breach of contract, with damages equal to the cost of hiring a locum tenens physician to fulfill the remainder of your term. Consider patient needs. The employer pulls in one direction, seeking to draft the non-solicitation clause broadly to protect against internal poaching of clients and staff. 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. Be aware that patient lists, patient charts and other patient demographic information are property of the practice, not the departing physician. Can a heath care practitioner refuse to treat a patient? Employment contracts usually reinforce this notion. Should patients be notified of the physicians departure? A 24-year-old pregnant woman came to her ob-gyn with a headache and high blood pressure. The Intersection Between Non-Solicitation and Patient Abandonment Some employment agreements indicate that the practices general policies and procedures may be applicable even if they are contrary to the physicians employment agreement. OB/GYN Physician - Brand New Offices with Well-Established Group Practice Can a health care practitioner terminate a patient relationship? What can I tell my patients when Im leaving my employer? 5. Review your retirement plans. 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. 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. For example, practices often agree to pay for tail coverage in the event that employment is terminated by the practice without cause. The physician may, but is not required to, place a sign in a conspicuous location on the faade of the physicians office or notify patients by letter, of the termination, sale or relocation of the practice. https://www.leg.state.nv.us/nrs/nrs-630.html#NRS630Sec304, NH Rev Stat 329:9 Section: Med 501.02 Standards of Conduct. Some require an extraordinarily long notice period (such as one year) before the physician can qualify for deferred compensation payments. Florida Board of Medicine General Office Practices/Protocol FAQs You should review the details of your plan so that you do not unwittingly forfeit significant amounts of retirement money. (ii) Publishing a notice 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 Closing or leaving a practice: Tips for primary care physicians URMCs Privacy and Security Executive Committee formed a task force to review the hospitals privacy and security requirements and the protocol for disclosure of PHI with respect to departing and incoming workforce members. While the Board rule does not specify the mode of notification, it would be difficult to ensure patients received notification by a newspaper ad. These rule changes also apply when leaving a group practice, as the departing physician is responsible for providing proper notification. Prohibition Against Interference 165.5(c)(1-2)rules state that: Who should provide the notice? Some states even require or suggest 30 days prior written notice before a departure so that. 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 key is that the notice affords a reasonable time to find substitute care., See our related video, Patient Abandonment.. Copyright 2023 American Academy of Family Physicians. Ultimately, a patient always has the right to seek out a provider of their choosing. Closing or Relocating? | Emerald Coast Medication Association The legal guidelines regarding patient notification vary for each state. It is imperative patients are notified well in advance of closure to ensure they have access to their medical records for continuation of care. (ii) Sending an email to each patient, in a manner that is compliant with state and federal law. Another helpful approach, particularly for specialized physicians, is to provide referrals to nearby practices or physicians offering similar types of care or services. Litigating a covenant, either from the employer or employees perspective, is expensive. Assuming the physician is leaving the practice on good terms and with ample time to prepare for the departure, the key consideration is ensuring that patients are properly notified in a timely and professional manner. However, it at least informs the patients that the provider is not responsible for their further care. Clearly, a provider is not susceptible to an allegation of patient abandonment each time arelationship with a patient terminates. Make sure that if there are legal guidelines in you state, that you review them. Doing so could subject the provider to claims of abandonment by the patient. How long must a healthcare practitioner maintain a patients records? Likewise, physicians often agree to pay for tail coverage if they terminate their employment without cause. This will ensure that your departure date does not result in unnecessary forfeitures. Apply Renew Maintain Practice Information 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.