Updated May 3, 2021 Show
See related article Terminating patient relationships: How to dismiss without abandoning When a physician decides to dismiss a patient, the patient should be notified in writing. The letter should be printed on office letterhead and sent by first-class mail and by certified mail with a return receipt requested. The letters below are meant as general resources only. State requirements may dictate specific elements to include in termination letters and how letters should be sent. Consult your state medical board for guidance. A blank authorization to release medical records should be enclosed. Termination letters should not be sent electronically, such as by email or through the patient portal. It is preferred to send notification more formally, with physically trackable
evidence of delivery. Check your state guidelines for further definition on sending termination letters electronically. Letter 1 — Termination of the physician/patient relationship[Date] To [patient name] Please be advised that I will no longer be able to treat you as a patient. The termination of our physician/patient relationship will be effective in 30 days from the date of this letter. Your medical condition requires continuing physician supervision, and it is important that you select another physician as soon as possible. Contact your health insurance company or the county medical society for the names of other physicians. Upon written authorization, a copy of your medical record will be sent to your new physician. A medical record release form is enclosed. Sincerely, [physician name] Letter 2 — Confirmation of patient-terminated relationshipDate To [patient name] This letter is sent to confirm your decision to discontinue care with me. Your medical condition requires physician supervision, and it is important that you select another physician as soon as possible. I will be available to you until [30 days from date of letter]. Please contact your health insurance plan or the county medical society for names of other physicians. Upon written authorization, I will provide a copy of your medical record to your new physician. A medical record release form is enclosed to expedite the process. Sincerely, [physician name] Letter 3 — Non-payment noticeDate To [patient name] It has come to my attention that you have been sent several letters regarding your outstanding account with our practice. If there has been a problem or if you are unhappy with the care that you have received in this practice, please contact me to discuss the situation. You are important to us, and I hope we can resolve any issues you have. My business manager is also available to discuss payment of your account or to set up payment arrangements if they are needed. Should we not hear from you within 30 days, it would be mutually beneficial to terminate the physician-patient relationship so that you may locate a new physician. I hope that we will hear from you in the near future Sincerely, [physician name] Letter 4 — Termination for non-paymentDate To [patient name] On [date], I sent you a letter requesting that you contact the business manager or me regarding any problems that may have occurred resulting in non-payment of your account. In the letter, I stated that it would be necessary to terminate our physician/patient relationship if we did not hear from you. Since we have not heard from you, please be advised that I will no longer be able to treat you as a patient. The termination of our relationship will be effective in 30 days from the date of this letter. A release form for your medical records is enclosed. Please contact us with the name of your new physician so we may forward your records to his or her office. At that time, your account will be closed. Sincerely, [physician name] Urgent message: Patients and communities rely on access to urgent care to augment primary care shortages and decant over-crowded Emergency Departments. A provider who quits without notice causes scheduling disruptions which could be considered “patient abandonment.” Alan A. Ayers, MBA, MAcc is Chief Executive Officer of Velocity Urgent Care, LLC and is Practice Management Editor of The Journal of Urgent Care Medicine Once a medical provider has accepted a patient into her practice, she is under an ethical and legal obligation to provide services to the patient as long as the patient requires them.1 However, it’s not uncommon for a physician at an urgent care center to seek a higher-paying job. How (if at all) does that affect the obligation to continue the care of a particular patient? Take the case of a hypothetical physician who’s looking to increase her income, or perhaps has heard rumors that she might be cut from the schedule. To address this, she secures a similar position at a competing urgent care. Not wanting to forego income in the transition, she could submit her 2-week notice to her current employer and work right up to the start date at the new facility. Or, if she is under contract with her current employer, she may be required to provide a certain term of notice; leaving before the period has elapsed would be a violation of the employment contract. However, if she’s an at-will employee, the urgent care owner has the right to terminate her the minute she fulfills her obligation to give notice; thus, being forthright about her situation could cost her 2 weeks’ pay. As a result, she might choose to give no notice; doing so would protect her from immediate dismissal,2 but could be deemed “gross misconduct,” insubordination, and abandonment of the responsibility to care for her patients.2 This article will address the question of whether such a physician has any legal or ethical obligations to her patients when she quits without notice. Is 2 Weeks’ Notice a Law? The requirement of employees to give notice of plans to quit is only a custom. There’s no legal obligation, and employees are not required to give 2-weeks’ notice.3 There are 49 states with at-will employment laws, which means that any employee can quit at any time, without notice—likewise, an employer can terminate an employee at any time.4 (The latter scenario was discussed in How Best to Manage an ‘At-Will’ Termination in the June issue of JUCM.) Of course, without notice, an employee’s departure can be disruptive; giving notice generally allows an employee to leave a company on good terms.5 Legal Obligations Malpractice for patient abandonment Patient abandonment is a type of medical malpractice that happens when a physician ends the doctor-patient relationship without reasonable notice or a reasonable excuse, and doesn’t provide the patient with an opportunity to find a qualified replacement care provider.6-8 It’s also defined as “when a physician leaves the employment of a group practice, hospital, clinic or other healthcare facility, without the physician giving reasonable notice and under circumstances which seriously impair the delivery of medical care to patients.”9-13 According to the AMA’s Code of Medical Ethics, Opinion 8.115, a physician has the option of terminating the patient-physician relationship, but she must give sufficient notice of withdrawal to the patient, relatives, or responsible friends and guardians to allow another physician to be secured. Patient abandonment in emergency rooms and urgent care situations Urgent care owners should know that in some instances, emergency rooms and urgent care facilities are exempt from these notice requirements. Ohio promulgated a regulation in 2013 stipulating that any physician leaving, selling, or retiring from a practice must comply with Administrative Code Rule 4731-27-03.14 Within 30 days of learning of a physician’s termination or resignation, a medical practice must send notice by mail or by HIPAA-compliant electronic means to all patients treated by the departing physician within the past 2 years.14 However, the notification requirements in that state do not apply to physicians who have provided treatment on an episodic basis, in an emergency department setting, or at an urgent care center.14 In addition, notice of termination isn’t necessary if the patient’s care has been formally transferred to another physician who’s not within the same medical practice, or when the patient is the person responsible for terminating the physician-patient relationship. This should be documented in the patient’s chart.15,16 Ethical Issues Aside from the AMA Ethical Standards, an urgent care owner may consider some other standards of conduct that could give rise to a legal remedy for the physician’s departure:
However, the standard practice of medicine involves physicians transferring patients, eg, from an emergency room to an in-patient ward. When physicians rely on other physicians to assist in caring for their patients, it’s not considered patient abandonment.17 A physician’s transfer agreement with another physician is a mechanism to ensure continuity of care. Continuity of care for a patient is often maintained even without formal measures like transfer agreements.17 A key aspect of the continuity of care is the documentation of charts by the departing physician. When a provider leaves without notice, she may have incomplete charts. This can create administrative and insurance billing issues. Further, that physician is unavailable to answer insurance questions or provide supporting documentation on claims, which can result in increased write-offs. The state may have regulations as to whether it constitutes patient abandonment for a provider to leave without documenting the transfer of care or by inappropriately terminating the patient/practitioner relationship.18 One solution, perhaps, is to withhold the physician’s final paycheck until all charts are updated.
What Legal Remedy Does the Urgent Care Owner Have in this Situation? Although an urgent care physician quitting without notice can be upsetting and potentially create disarray, a claim of physician abandonment requires there to be some type of harm. When bringing a lawsuit, a plaintiff must prove that the physician ended the relationship at a critical stage of a patient’s treatment without good reason or sufficient notice to allow the patient to find another physician, and the patient was injured as a result.20-23 Again, some states exempt urgent care facilities from patient abandonment notice requirements. Still, there can be consequences for the provider who leaves her employer or patients in the lurch:
Similar to an action in tort, the urgent care owner must weigh its contract damages to determine if they are sufficient to expend the time and expense of legal action. Takeaway Except in Montana, employment is at-will, barring an employment contract. If urgent care owners execute contracts with their physicians, they should include language that specifically details the circumstances and responsibilities for termination. For at-will physician employees, systems and procedures should be in place to ensure an efficient transfer of care and documentation. While there are potential actions for an owner to consider against the quitting doctor, urgent cares may be best served to proactively guard against damage to the practice by protecting against issues of continuation of care and inadequate staffing. References
President of Experity Networks and is Practice Management Editor of The Journal of Urgent Care Medicine When I physician terminate supervision of a patient without notifying the patient in writing it is known as?Patient abandonment is a form of medical malpractice that occurs when a physician terminates the doctor-patient relationship without reasonable notice or a reasonable excuse, and fails to provide the patient with an opportunity to find a qualified replacement care provider.
Which of the following may be used in the physician's defense when the patient understood the risk of a particular medical procedure and signed a consent form?Which of the following may be used in the physician's defense when the patient understood the risks of a particular medical procedure and signed a consent form? The Oath of Medicine of today is based on the Oath of Caduceus. durable power of attorney for health care.
What is the customary code of conduct courtesy and manners?3. The customary code of conduct, courtesy, and manners in the medical profession is known as medical etiquette.
Which 2009 law states a covered entity?Beginning on September 23, 2009, HIPAA covered entities (health care providers, health plans, and health care clearinghouses) and business associates have new notification requirements for a breach of unsecured protected health information ("PHI").
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