Issue link: https://viewer.e-digitaledition.com/i/298497
D U E TO CHAN G E S in the law in 2013, health care entities are now required to notify patients, or assist in the notification that the physician's employment has been terminated. Termination is defined as the end of a physician's employment for any reason. These notice requirements are triggered when a physician leaves, sells, or retires from a health care entity. Employers can no longer fail or refuse to cooperate with departing physicians in notifying patients of the termination of such physician's employment, even if such termination is by reason of the physician's resignation. Employers must send notice of the termination of a physician's employment to each patient who received services from the physician in the two-year period immediately preceding the date of termination. In lieu of such notice, the employer may provide to the terminated physician a patient list with contact information and require that the physician send the required notice. Those exempt from notice requirements are: physicians who provide emergency care, urgent care, or episodic services, medical students, interns and fellows, hospice medical directors, physicians working for community health agencies, drug or alcohol addiction programs, or federally qualified health centers, or physicians who after termination continue to provide medical services to patients of the health care entity on an independent contractor basis. Such notice must be provided on or before the latter of the date of termination of the physician's employment, and 30 days after the health care entity has actual knowledge of termination or resignation of the physician, by letter, sent via regular mail to the last address for the patient on record, with the date of mailing of the letter documented, or an electronic message sent via a HIPAA-compliant electronic medical record system. Health care entities that are terminating or losing physicians should make sure that they provide notices to such physicians' patients that both satisfy their legal obligations and look to preserve the patient's relationship with the health care entity post-termination. Further, the employer cannot hide from the patients the location of the departing physician's practice. Failure to comply with the notice obligations could subject the physician to discipline by the Ohio Medical Board as a departure from, or failure to conform to, minimal standards of care of similar practitioners. Jason F. Haupt is an attorney and member of the Health Care Law Practice Section with Krugliak, Wilkins, Griffiths & Dougherty Co., LPA. Coming next issue: Health Care Entities: The Notification Elements and Enforcement ■ 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. By Jason F. Haupt, Esq. Departing Physicians and Patient Notification Health Care Entities: The Requirements & Exemptions (Part I of III) 130 N. Miller Rd, Akron OH 44333 www.RegranLeedy.com Regran Leedy, Realtor, ABR 330-606-3507 cell regranleedy@aol.com "The Physicians' Realtor" Buying? Selling? Simplify the process. Call Regran Leedy. ++++++++++++++++++ +++ + +++ + ++++++++++++++++++ LEGAL EASE 2 0 1 4 M AY/J U N E ■ M D N E W S . CO M ■ MD NEWS Cleveland/Akron/Canton | 3 3