Published in the Manchester Union Leader, March 2013
Q: I am a physician in a small practice, which will be dissolved next year. How far in advance, and by what means of communication should I notify my patients of the change?
A. Changing workforce demographics and various health care reform measures are likely to drive an unprecedented number of physician practice transitions in New Hampshire in the coming years, be they from retirement or relocation of one or more physicians from a practice, or a merger with another medical group. Appropriate patient communications about the transition will minimize liability and litigation and, more importantly, assure continuity of care for patients.
Though state laws, medical licensure board regulations, or even malpractice insurance policies may dictate minimum advance notice timeframes (New Hampshire Board of Medicine Rules require 30 days advance notice), it is in your best interest to notify patients as far in advance as possible. Failure to provide fair notice could result in liability for claims of patient abandonment.
The patient notice should be in writing and include the
following information/statements: the date of the practice
transition and an explanation that the physician will no longer be
available to them; notice that medical records can be transferred
to another health care provider at their request; a medical records
release form for transferring medical records; the
physician’s new address, if practice is moving or if
physician will be accepting patients at new practice; and
instructions for accessing medical records after transition
date.
The method used to deliver the patient notification should be
tailored to your patients’ health care needs. Your aim should
be to ensure, and in some cases confirm, that the notice is
actually received, especially with respect to patients who have
potential for an adverse outcome arising from a lapse in care. For
patients with complicated care, notification should be sent via
certified or registered mail. For other active patients, first
class mail is probably sufficient. A newspaper advertisement
can serve as public notice to inactive patients. Notices should
also be posted on your website and in your social media
postings.
Similarly, you should keep records sufficient to demonstrate that this important step of patient notification has been taken. Maintain a log that includes both the method and date of notification with respect to each active and inactive patient; keep a copy of the written notification in patients’ records; and save certified mail receipts and copies of any public notices.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.