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Closing Your Medical Practice
By: Waldene Drake, R.N., M.B.A.

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Q: I am planning to terminate my practice in a few months. What do I need to do before closing the doors? [Ed. Note: The following applies to closing a practice, whatever the reason, e.g., necessitated by death or moving out-of-state, or due to a voluntary change. The following will not apply to sale or transfer of an existing practice to another physician.]

A: When you "close the doors," assure continuity of care for your patients and protect yourself by taking the following steps:

NOTIFY each patient, and legal representative, of your decision in writing. Registered mail (return receipt requested) is advisable in the case of high-risk patients, those undergoing aggressive treatment or those on your follow-up schedule. Explain that your practice is closing, rather than merely being taken over by another physician. Place a copy of your written notice in each patient's medical record. Also, notify all health plans where you are a panel member.

INCLUDE a medical record release authorization form (for requesting copies and transferring records to another physician), the length of time (in years) that the records will be retained, and a permanent mailing address or post office box number for all future record requests. Note: You must arrange for someone to maintain the address and respond to requests for records, for the time periods mentioned below.

ARRANGE SAFE STORAGE for your medical records. When records are lost or destroyed, the ability to successfully defend against malpractice claims may be seriously impaired. CAP/MPT recommends that patients' medical records be maintained indefinitely. Where circumstances will preclude permanent storage, maintain adult records for a minimum of seven (7) years after the last visit, even if the patient has expired. In the case of minors, records should be maintained for a corresponding period of time past majority (at age 18). Purchasing the services of a document management company is an expense that must be weighed against the risk of liability for spoliation of evidence. Contact CAP/MPT to assure that your malpractice protection will continue for those patients treated during your years of practice.

If you have further questions or wish to clarify any of the above issues, you may call CAP/MPT Risk Management at (213) 473-8644.

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