How to Handle Patient Notifications When a Provider Leaves Your Colorado Medical Practice

When a provider transitions out of a healthcare practice, managing patient notifications effectively is not only a matter of professionalism but also essential for ensuring continuity of care. There are best practices and legal considerations every clinic should consider. Additionally, practices should be prepared to address potential issues, such as a provider soliciting patients after departure. Below, we explore what clinics should consider doing.

Best Practices for Notifying Patients

Although Colorado’s specific regulations are typically limited to certain contexts, such as nursing facilities or primary care providers, patients and clinics alike benefit from clear and timely communication when a provider departs and complying with medical record access requirements by complying with Section 12-240-142 of the Colorado Revised Statutes. Here’s how to ensure smooth transitions:

1. Provide 45 Days’ Written Notice As a matter of good practice, notify patients in writing at least 45 days in advance of the provider’s departure. This notice should include:
• The provider’s last working day.
• Information on how the clinic will continue to meet their care needs.
• Contact details for accessing their medical records or transferring care.

This helps maintain trust with patients and ensures effective continuity of care. To accomplish the above, you’ll want to ensure that your provider contracts obligate each provider to provide at least 45 days’ prior written notice before they cease work at your clinic.

1. Offer Support for Transitioning Care Patients may need to choose a new provider within your clinic or transfer their care to another facility. Provide a clear and accessible process for these transitions, including assistance with records transfers and recommendations for alternative providers, if necessary.
2. Maintain Compliance with HIPAA and Workplace Information Privacy Laws When sharing information about the provider’s departure, ensure all communications comply with HIPAA and workplace privacy regulations. Avoid disclosing sensitive or unnecessary information about the provider or their reasons for leaving. Make sure you post or provide your Notice of Privacy Practices and other privacy documents where required by law.
3. Create a written plan that complies with C.R.S. 12-240-142 Specifically, you’ll want to make sure that the policy contemplates at least the following items:
• Storage and disposal (if appropriate) of medical records (remember! Specific provisions can apply to psychotherapy records under HIPAA and state laws); and,
• How to handle and provide records to patients where a provider dies, retires, moves, or otherwise stops providing care.
4. Comply with Provider Enrollment or other Payor Requirements Medicaid, alongside other payors or agencies, may require you to update them when a provider is no longer with your clinic.
5. Remember! Different requirements apply to different situations. The information in this post may not apply to your situation. Always confer with a legal professional to better understand whether specific requirements apply to you.

Remember What Other States May Require

Patient notification requirements can vary significantly by state. Some states have specific legal mandates that practices must follow when a provider leaves:

1. Press Releases or Public Notices Certain states may require clinics to issue a public announcement, such as a press release or notification in a local newspaper, to inform the community about a provider’s departure.
2. Direct Patient Communication In some states, clinics may be required to notify patients by mail or other means to ensure receipt of the information.
3. Reporting to State Agencies, Some states mandate that practices report provider departures to a designated state agency or licensing board, particularly if the departure impacts Medicaid or other state-funded services.

Understanding the specific requirements in your state is crucial for ensuring compliance and avoiding potential legal issues.

What to Do if a Provider Tries to Take Your Clinic Patients

Occasionally, a departing provider may attempt to solicit your patients. This is not only disruptive to your practice but could also harm patient trust. Here are proactive measures to mitigate this risk:

1. Consult with a Legal Professional This is your best bet for preserving any rights you have. Make sure your clinic isn’t being exposed to issues under ethical standards, and evaluate whether the departing provider is complying with the same.
2. Strengthen Provider Agreements Ensure employment or other contracts include robust protections, such as Trade secret protections, which safeguard sensitive business information, including patient lists, treatment plans, and marketing strategies. Importantly, you generally cannot change an existing agreement after it is made without consent of all parties, so you’ll need to do this at the outset of your relationship with the provider—not when they leave. In some cases, certain kinds of well-drafted restrictive covenants can be helpful, though these are often unenforceable.
3. Investigate If you reasonably suspect a provider is soliciting patients in violation of an enforceable agreement you have with them, investigate the matter promptly. Retain documentation of any breaches and consult with your attorney. Document all communications and agreements with departing providers.
4. Remember to avoid practices that might violate patient privacy Examples include: monitoring patient communications where such monitoring contravenes HIPAA’s Minimum Necessary Use principle; inspecting a patient’s entire medical record where only a portion of it is needed; failure to restrict access to medical record access based upon role; etc.

Take Action Now

To protect your patients and your practice, implement these best practices and regularly review your provider agreements with legal counsel. Proactively managing transitions will not only safeguard patient care but also strengthen the reputation and resilience of your clinic. By addressing potential risks head-on, your practice can maintain a standard of excellence even during periods of change.

Matt Fowls, Esq.

Matt chairs the Health Law Practice at Milgrom, Daskam, and Ellis, and serves on the Executive Council of the Colorado Bar Association’s Health Law Section. He is dedicated to providing practical legal solutions to providers in an ever-changing legal landscape, and is his happiest when helping clinicians build their legal foundations strongly so that they can help patients with peace of mind. Say hello to Matt at matt.fowls@milgromlaw.com. Please note that the views and content expressed in this post may not apply to your situation and reflect Matt’s perspectives solely, and not those of the Colorado Bar Association, any of its Sections or other Members, or Milgrom, Daskam, and Ellis. You should seek legal counsel to ensure the unique circumstances of your situation are effectively addressed.