What happens when a physician leaves the practice? What responsibility do they and the practice have to patients?
The University of Rochester Medical Center recently paid $15,000 because the facility provided patient names, addresses and diagnoses to a nurse practitioner who was joining a new practice without the patients' authorization, according to an Advance Web report.
The nurse practitioner was leaving URMC to take a position at Greater Rochester Neurology and she asked for a list of the patients she treated at URMC. She received information from 3,403 patients, who later received a letter from GRN announcing the nurse practitioner had joined a new practice and advising the patients on how to switch.
Upset patients called URMC, and URMC sent a breach notification to all affected patients as well as notified the media.
Here are five key notes about handling clinician departures:
1. Patients should be notified about a physician's departure before the physician leaves the group. The healthcare provider responsible for the patient's medical record should notify patients.
2. The healthcare provider can work with the physician to develop text in the notice, and include a provision in the physician's employment or affiliation agreement about the notice if the provider departs.
3. The notice should include information depending on state law. The information could include a notice that the physician will no longer be practicing at the entity, contact information for the physician at the new practice, contact information for the patient to obtain information on medical records.
4. A physician's list of patient's names is not protected health information; however, if the practice only serves patients with a certain health condition it could be reasonable to assume every patient has the same condition and then it would be considered protected health information.
5. The notice can include information about alternative physician or physicians remaining at the practice for patients to contact.