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AS DISCUSSED IN THE last two issues of MD News, due to changes in a new law last year, terminat- ing the employment of a physician for healthcare providers got harder in Ohio. For a physician who is an independent contractor or who has an ownership interest in the healthcare entity, the new law requires that such physician provide notice when leaving, selling, or retiring from the health care entity, in which notice must be sent via one of the methods referenced (May/June MD News, page 33) to all patients who received physician services from the physician within the 2-year period immediately preceding the physician's last date for seeing patients with/for the health care entity. The notice must be sent no later than 30 days prior to the last date the physician will see patients or upon actual knowledge that the physician will be leaving, selling or retiring from the health care entity, whichever is earlier; provided, however, that a physician who, because of acute illness or unforeseen emergency is unable to provide the notice 30 days prior to the last date of seeing patients, may satisfy the notice timing obligations by providing the notice no later than 30 days after it is determined that the physician will not be returning to the health care entity. Notice from an independent contractor or an owner-physician must include at least the following information: (1) a statement that the physician will no longer be practicing medicine at the health care entity and the date on which the physician ceased or will cease to provide health care entity; (2) except where the health care entity has a good faith concern that the physician's conduct or the medical care provided by the physician would jeopar- dize the health and safety of patients, the physician's name and, if known by the health care entity, information provided by the physician that the patient may use to contact the physician; (3) contact information for an alterna- tive physician or physicians employed by the health care entity or contact informa- tion for a group practice that can provide care for the patient; and (4) contact information that enables the patient to obtain information on the patient's medical records. It is increa singly impor ta nt for healthcare entities that are terminat- ing or other wise losing physicians to make sure that they craft and provide notices to such physicians' patients that both satisfy their legal obligations and look to preserve the relationship w i t h t h e h e a l t h c a r e e n t i t y post-termination. Jason Haupt is an attorney and member of the Health Care Law Practice Section with Kr ugliak, Wilkin s, Gr if f ith s & Dougherty Co., LPA. NOTE: This general summary of the law should not be used to solve individual problems since slight changes in the fact situation may require a material variance in the applicable legal advice. ■ Departing Physicians and Patient Notification Independent Contractor and Owner Physicians (Part III of III) By Jason F. Haupt, Esq. 2 0 1 4 S E P T E M B E R /O C T O B E R ■ M D N E W S . CO M ■ MD NEWS Cleveland/Akron/Canton | 3 3