Even if a communication is arguably solicitous, it might fall outside the scope of a non-solicitation clause if it pertains to services not offered by the employer. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Approximately ninety days is suggested whenever possible. Practice fined for response to social media review, Dallas dental practice fined $10,000 after publishing PHI in response to a patient review on Yelp, Texting patients while staying HIPAA compliant. In this situation, the provider might not be precluded from soliciting that practices patients for services at the medical spa. Closing or Relocating a Healthcare Practice - The Doctors Weve compiled a resource to compare guidelines for every US state. 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. All rights reserved. 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. Does a heath care practitioner have to accept new patients? 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. Employment contracts usually reinforce this notion. http://164.64.110.134/parts/title16/16.010.0017.html, Additional Resources: The New Mexico Medical Society offers, Closing Your Practice Guide: As the above discussion shows, solicitation and patient abandonment claims are not limitless. Copyright 2006 - 2023 Law Business Research. The physician fails to allow for patient access to or transfer of the patients health record as required by law. Questions? For example, you would not want to plan your departure during a week in which you are anticipating five deliveries. While the Board rule does not specify the mode of notification, it would be difficult to ensure patients received notification by a newspaper ad. It also informed URMCs workforce of its policy that information regarding continuity of care was to be communicated to patients by URMC, not the individual health care providers. The analysis will always depend on the particular circumstances involved. A physician can perform acupuncture under his/her medical license as long as he/she is properly trained and educated in the field of acupuncture. First, ensure proper notice is provided to patients as well as all interested governmental entities and other organizations. Please contact [emailprotected]. Pursuant to the Health Information Technology for Economic and Clinical Health Act, state attorneys general are empowered to enforce HIPAA regulations through civil actions against violators. A person viewing it online may make one printout of the material and may use that printout only for his or her personal, non-commercial reference. If you are asking your partner to leave, you need to know the practices rights and obligations to him or her. A practice may opt to send a letter to patients about the departure of a physician, but is generally not legally required to do so, and a physician also generally has no legal right to send such letter independently in violation of their contract (and using a practice patient list). 2. Review the practices established policies. Notices to Patients When a Physician Leaves a Group Practice 8. In March 2015, the NP was preparing to leave URMC for a position at Greater Rochester Neurology (GRN). Apply Renew Maintain Practice Information According to the urologists former employer, such activities violated the non-compete. The KBHA serves as a great resource to physicians. PDF Notice to Patients on the Departure of a Physician The provider might still face constraints in accessing patients addresses and other information. BUT, the practice has a right to protect its patient list and other confidential data. On the other hand, a notice directed to specific patients that informs them that the provider is leaving the employer's practice and identifies a new practice where the patient can receive the same or similar services is much closer to the line of solicitation. 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. Or, in limited circumstances, the new practice may provide coverage through a new policy with a retroactive endorsement date. Some require an extraordinarily long notice period (such as one year) before the physician can qualify for deferred compensation payments. URMC began receiving calls from patients who were upset that their confidential medical information had been disclosed without their permission. 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. (C) Notifying patients seen in the last two years of the physician's discontinuance of practice BY EITHER: 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. Physician Anti-Solicitation Clauses: A Case Study - Law360 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. 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. 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. Florida Board of Medicine General Office Practices/Protocol FAQs The legal guidelines regarding patient notification vary for each state. Confidentiality clauses usually define patient information and records generated during the providers employment as the practices property. Typically, a non-competition provision prohibits an employee from joining or starting a competitor business. Practice Information Physicians and Surgeons A Physician or Surgeon (M.D.) 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. Such property is confidential and, therefore, not to be used or disclosed following termination of the providers employment. This should be posted in your office well in advance of your official retirement. Wyoming Administrative Code Chapter 3; Section 5 states, (b) Any physician licensed by the board who desires to relocate or close a medical practice shall notify patients of such termination, sale, or relocation and unavailability by causing to be published once during each week for four (4) consecutive weeks, 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 display advertisement which shall contain the date of termination, sale, or relocation and an address at which the records may be obtained from the physician or terminating the practice or located or from another licensed physician. You Can't Take It with You - Davis Wright Tremaine 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. 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. Keep a copy of the notification letter in the patient's record. 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. We are looking for outstanding providers with leadership experience, who are committed to delivering high quality and compassionate patient care, to join our team. 1) The state has enacted law regarding patient notification. 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. The Texas Medical Board (TMB), in an attempt to address this issue, adopted regulations that must be followed whenever a physician leaves a group. For example, practices often agree to pay for tail coverage in the event that employment is terminated by the practice without cause. What can I tell my patients when Im leaving my employer? 2. 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.. In contrast, patient abandonment is more prone to arise from the failure to properly act.