MDNews - Cleveland-Akron-Canton

IN T H E M AY/J U N E I S S U E o f Cleveland/Akron/Canton MD News (page 33), we dis- cussed healthcare entities' required timing of notifying patients when the physician's employment has been terminated, the definition of ter- mination and who is exempt from this new law, which took effect in 2013. In this issue we will discuss the elements of the notice itself and concerns for employer enforcement. The termination notice must include at least the following information: 1. A notice to the patient that the phy- sician will no longer be practicing medicine as an employee of the health care entity and the date on which the physician ceased or will cease to practice as an employee of the 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 information 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. An additional concern is the effect of the new notice requirements on an employer's ability to enforce non-solici- tation covenants relating to solicitation of patients of the practice. Previously, if patients decided to move their care to that physician without notice of his or her departure or contact information, there was a decent likelihood that such decision was prompted by solicitation by the departed physician. Now that the physician or the employer is required to provide notice of departure and contact information for the departed physician, deciphering physician solicitation from unsolicited patient choice requires patient confirmation of the solicitation. Jason F. Haupt is an attor ne y and member of the Health Care Law Practice Section with Krugliak, Wilkins, Griffiths & Dougherty Co., L.P.A. PA. Coming next issue: Departing Physicians and Patient Notification — Independent Contractor Physicians and Physicians with Ownership Interests ■ 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 Healthcare Entities: The Notification Elements and Enforcement (Part II of III) ++++++++++++++++++ + +++ + +++ ++++++++++++++++++ LEGAL EASE 4 0 | Cleveland/Akron/Canton MD NEWS ■ M D N E W S . CO M ■ J U LY/AU G U S T 2 0 1 4

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