Tag Archives: relocation

Relocating, Selling or Closing Your Medical Practice? Be Sure to Comply with Florida Law

00011_RT8By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Relocating, selling or retiring is never an easy decision for a physician. On top of patients’ anxiety about their doctor leaving, there are also legal hoops you will be required to jump through. It’s important to know what is expected of you as you relocate, sell or retire from a practice. The last thing any doctor on his or her way out would want is a letter from the Florida Department of Health (DOH) informing him or her that when the practice closed he or she failed to follow the proper procedures under Florida law. Even in retirement, the Florida DOH can fine a physician or health care provider. And believe me that does happen.

This blog is intended to help any physician or health care provider relocating, retiring or terminating a practice. It will explain the necessary steps that need to be taken under Rule 64B8-10.002, Florida Administrative Code.

Notifying Patients of Relocation or Termination of a Practice.

When a licensed physician terminates practice or relocates and is no longer available to patients, patients should be notified of such termination, sale or relocation. The physician is required to publically announce the event by publishing an announcement once during each week for four consecutive weeks in the newspaper of the greatest general circulation in each county in which the physician practices. So for example, if you live in the Orlando, Florida, area, you would want to publish the notice in the Orlando Sentinel. The newspaper notification must announce the date of termination, sale or relocation and an address where patients can obtain a copy of their medical records.

A copy of the notice must be mailed to the Florida Board of Medicine within a month of the date of relocation or termination of the medical practice. It would be in your best interest to obtain and keep a copy of your notice from the newspaper, just in case the board audits you or someone files a complaint.

Signs at the Office are Optional.

The physician may, but is not required to, place a sign at a location in the office to notify patients by letter of the termination, sale or relocation of the practice. The sign or notice will advise patients of their opportunity to transfer or receive their records. Again, this is optional.

Keeping Medical Records.

Under Section 458.331(1)(m), Florida Statutes, a physician must keep adequate written medical records for a period of five years from the last patient contact, so medical record storage options, which must properly conform with state and federal privacy regulations, will have to be considered. Alternatively, the sale of a practice necessitates an execution of the proper medical record transfer agreement as part of the transaction.

Also keep in mind, a physician planning to close, sell or relocate a medical practice must consider how to effectively notify employees about termination and must properly maintain employee records and other medical billing records after the practice has closed its doors.

Notifying All Appropriate Groups.

On top of informing the Florida Board of Medicine, physicians may also be required to notify other licensing authorities. This may include the Drug Enforcement Administration (DEA), Florida DOH, Center for Medicare and Medicaid Services (CMS), the Florida Agency for Health Care Administration (AHCA), and other local business licensing authorities.

These rules can be confusing and complex. To ensure you have completely complied with Florida law, consult with a health law attorney experienced in these matters.

Contact Health Law Attorneys Experienced in Business Transactions and Contracts.

At the Health Law Firm we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, Durable Medical Equipment suppliers, medical students and interns, hospitals, ambulatory surgical centers, pain management clinics, nursing homes, and any other health care provider. We represent facilities, individuals, groups and institutions in contracts, sales, mergers and acquisitions.

The services we provide include reviewing and negotiating contracts, business transactions, professional license defense, representation in investigations, credential defense, representation in peer review and clinical privileges hearings, Medicare and Medicaid audits, commercial litigation, and administrative hearings.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Comments?

Have you gone through the process of selling, relocating or retiring? How did you comply with all the rules? Please leave any thoughtful comments below.

Source:

Rule 64B8-10.002, F.A.C., Medical Records of Physicians Relocating or Terminating Practice; Retention, Disposition, Time Limitations.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2012 The Health Law Firm. All rights reserved.

Advertisements

How to Relocate Your Practice

By Thu Pham, O.D., Law Clerk, The Health Law Firm

Relocating your practice can be stressful. There are many things that you need to do such as physically moving all of your equipment, moving your utility services, and notifying your insurance companies, notifying the Department of Health (DOH), notifying Medicare and Medicaid, and, most important, notifying your patients. Optometrists sometimes forget that they should also notify their patients of the move.

Florida Administrative Code.

Rule 64B13-3.002(2), Florida Administrative Code, requires that an optometrist give notice to patients when he or she relocates or withdraws services so that the patient may make arrangements for follow-up eye care and knows where to obtain a copy of the prior treatment record. The notice should identify the optometrist’s new location or the location for which the patient may obtain his records. The notice must be in compliance with Rule 64B13-3.003(7), Florida Administrative Code. This section requires that the notice be published in the newspaper of greatest general circulation in each county for which the optometrist practiced indicating that the records are available from a specified eye care at a certain location. So for example, if you live in the Orlando area, you would want to publish the notice in the Orlando Sentinel. Make sure that you obtain and keep a copy of your notice from the newspaper just in case the board audits you or someone files a complaint.

Click here for a link to obtain a complete copy of Optometry statutes and regulations.

Failure to Comply with Rules Could Result in an Investigation.

Moving can be a stressful time. It is important for an optometrist to remember to notify his patients of the move in the manner required by the Board of Optometry rules. Failure to do so could result in a complaint being filed and an investigation initiated against you.

If You Are Contacted By an Investigator, Seek the Advice of an Experienced Health Law Attorney.

When you receive any notice, by telephone, by mail, by hand delivery or by information passed along by your employer, that an investigation has been opened against your professional license, immediately contact an attorney experienced in such matters. Do not talk to the investigator. Do not talk to the prosecuting attorney. Do not call the state agency and ask for advice on what you should do. Do not send a written statement explaining your side of the story.

You have important constitutional rights that protect you. But you have to exercise the common sense required to use these rights. Part of this is by obtaining competent legal counsel who can advise you and protect your rights. Again, we remind you that unless an attorney routinely handles this type of case, he or she may be unfamiliar with what your rights are in such a situation or how to handle it.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sound Off?

How did you handle a previous move? Did you find the time to be stressful for you, your staff and your patients? Please leave any thoughtful comments below.

About the Author: Dr. Thu Pham, OD, is a law clerk with The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.

Copyright © 1996-2012 The Health Law Firm. All rights reserved.