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). Should patients be notified of the physicians departure? Breaking Up is Hard to Do: Notifying Patients When a Physician Leaves If you are not familiar with your states requirements, contact a health care attorney in your area for advice. 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. Say, for example, a provider leaves a dermatology practice to join a medical spa that performs cosmetic procedures not available at the dermatology practice. 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. Leaving a group practice. Hear from top leaders in medicine According to TMB Rules Chapter 165.5(a)(1-3): When a physician retires, terminates employment, or otherwise leaves a medical practice, he or she is responsible for: (2) Notification shall be accomplished by: (A) EITHER: The notification letter should be professional and nonconfrontational, and it should set a tone that aims to maintain the best possible relationship with the patient. Hiring for Your Healthcare Practice? Proactive [], American Medical Association (AMA) guidelines, https://www.cms.org/uploads/BME_Policy_40-8.pdf, https://drive.google.com/file/d/0B-K5DhxXxJZbZGZUdllNbUFvdDg/view, https://www.ama-assn.org/delivering-care/ethics#Chapter%201:%20Opinions%20on%20Patient-Physician%20Relationships, https://cdn.ymaws.com/lsms.site-ym.com/resource/resmgr/resources/lsms_resource_closingamedica.pdf, http://www.lsbme.la.gov/content/health-care-resources-practitioner, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6140270/, https://www.msma.org/guide-to-closing-a-medical-practice.html, https://www.njconsumeraffairs.gov/bme/Pages/FAQ.aspx, http://164.64.110.134/parts/title16/16.010.0017.html, 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, https://www.texmed.org/Template.aspx?id=6676, State offers no guidance, but association guidelines available. Many states require that patients be notified when a physician is departing a practice. 2) The state offers guidelines, but without any statutory requirements or law enforcing notification practices. Med 10.03.2 (o) states, Patient abandonment occurs when a physician without reasonable justification unilaterally withdraws from a physician-patient relationship by discontinuing a patients treatment regimen when further treatment is medically indicated and any of the following occur: 1. According toSchneiderman, Other medical centers, hospitals, health care providers, and health care entities should view this settlement asa warning, and take the time now to review and amend, asneeded, their own policies and procedures to better protect private patient information.. It may also resolve the issue in advance by including a provision in the physicians written employment or other affiliation agreement that specifies the details of the notice that the health care entity will send in the event of the physicians departure. http://164.64.110.134/parts/title16/16.010.0017.html, Additional Resources: The New Mexico Medical Society offers, Closing Your Practice Guide: Leaving Group Practice - hcms.org The answer is yes. Notifying Patients of Practice Closure When closing a practice, you should send a notification letter to the patients you have seen in your practice within the last three years. Florida Board of Medicine General Office Practices/Protocol FAQs Notice to Patients on the Departure of a Physician September 2007 Texas Medical Board Regulations When a physician departs a group, the issue of continuity of care for patients should be considered. Thus, their specialty naturally limits their exposure to allegations of patient abandonment when they leave their jobs. 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.. Accessed January 18, 2023. Review your content's performance and reach. The provider might still face constraints in accessing patients addresses and other information. leaving a practice Within 90 days after a death . Develop a plan for patient notification. 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. This letter must be sent by certified mail, return receipt requested. According to the urologists former employer, such activities violated the non-compete. Can a heath care practitioner refuse to treat a patient? In our experience at Jackson LLP, rarely are any two non-solicitation clauses alike. This content is owned by the AAFP. 1997) supports this understanding. 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. When scheduling your departure from the practice, take reasonable steps to ensure that you are not leaving any patients in a bind. That case involved a dispute over a non-compete in a urologists employment agreement. Once the relationship is formed, Illinois courts consider abandonment to occur when the provider refuses to treat [the] patient [while] needing further treatment, without giving the patient a reasonable time to find substitute care. As a result of such abandonment, the patient must suffer injury. Yes. The physician fails to allow for patient access to or transfer of the patients health record as required by law. The American Medical Association's Ethical Opinion E-7.03 provides that "[t]he patients of a physician who leaves a group practice should be notified that the physician is leaving the group . Whether the practice pays for tail coverage often depends on the type of termination effected. Does a heath care practitioner have to accept new patients? Although he did not directly treat any patients within the restricted geography, the urologist did perform various administrative functions relating to his practice out of a home office with that radius. Board Rule 540-X-9-.10 states reasonable notification must be provided. The NP was interviewed, suspended, and subsequently terminated. Title: Retention of medical records and patient notification upon closure of a practice Number: OP04 -29 References: Board Minutes January 23, 2004, April 2, 2004; November 7, 2014; September 11, 2020 . A number of patients called the Medical Center and complained about the letter they received. 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. A 68-year-old woman came to an orthopedic surgeon due to pain in both knees. Accessed January 18, 2023. The following are best practices for notifying patients: Send current patients (i.e. PDF Retention of medical records and patient information upon closure of a The employer pulls in one direction, seeking to draft the non-solicitation clause broadly to protect against internal poaching of clients and staff. A health care practitioner can terminate a patient relationship at any time, but the practitioner may not abandon a patient and should provide continuity of care in accordance with the prevailing professional standard of care. 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. Even without these prohibitions, you should not actively solicit the employment of existing employees, especially prior to your departure. It must protect the patients medical record and not release it without patient authorization. The American Medical Associations Ethical Opinion E-7.03 provides that [t]he patients of a physician who leaves a group practice should be notified that the physician is leaving the group., Health care entities must be prepared for the departure of physicians and other health care professionals. Jennifer Bendokas, PA-C | White-Wilson Medical Center | Fort Walton Copyright 2023 American Academy of Family Physicians. Except in cases of death or other incapacity of the practitioner, practitioners may not abandon a patient or abruptly withdraw from the care of a patient. The health care entity has the dual role of safeguarding the medical record while facilitating continuity of care. Laura Hale Brockway is the Vice President of Marketing at TMLT. Physician Anti-Solicitation Clauses: A Case Study - Law360 No. The key is that the notice affords a reasonable time to find substitute care., See our related video, Patient Abandonment.. 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. PDF TERMINATING A PROVIDER-PATIENT RELATIONSHIP - MedPro