- A grace period for the patient to transition their care to another provider; this period may be based on best practices or applicable state or payer requirements;
- A description of the patient’s rights, including the right to obtain a copy of their medical record;
- Recommended referrals for care and an offer to assist the patient in the transition of that care;
- A clear statement of the effective date on which the physician’s services will conclude, except for emergencies; and
- The physician’s signature and the date of signing, and contact information for the practice.
A release form for the patient to execute that directs the practice to release the patient’s medical record to the patient’s new provider(s) should be included with the letter. The letter and release should be sent via certified mail so they can be tracked, and a copy of the letter and any enclosures should be placed in the patient’s medical record. Once the letter has been sent, office staff should be notified of the termination.
In Sum
Ending a relationship with a patient should be a last resort, an action taken only after discussing the patient’s behavior and providing an opportunity to correct it. However, this may not always be feasible, leaving termination as the only viable option.
Providers should proactively consult with a healthcare attorney to discuss difficult patient situations and to review relevant state and federal laws, thereby reducing specific risks for future negligence, abandonment, or discrimination claims, and consult with their malpractice carrier to review their policy. Once termination is in process, it would be prudent to engage a healthcare attorney to review or assist in drafting the termination letter.
If your practice doesn’t have a patient termination policy, consider putting one in place now so that, going forward, a reliable process is applied consistently to all patients
Steven M. Harris, Esq., is a nationally recognized healthcare attorney with McDonald Hopkins LLC. Contact him at [email protected].
