By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
Any health professional who closes their office, moves out of the geographic area, or retires from practice, should take steps to ensure that their patients are informed of this and know where and how they can obtain copies of their health records. In may cases, their professional board will have administrative rules or regulations that state exactly what should be done.
Dentists are no different. The Florida Board of Dentistry has adopted an administrative rule with certain requirements in it.
Reasons for the Requirements.
The most important aspects of this notice are: 1) If the patient needs continuing care or follow-up, then the patient needs to be advised of whom to contact for that follow-up care; and 2) The patient needs to know how they can obtain a copy of their health records in case they need them for any reason.
Patients may need copies of their health records for many different reasons. They may need them to file insurance claims. They may need them to file disability claims. They may need them for legal cases. They may need them to take to another health professionals for continuity of care.
Steps That Should Be Taken upon Closing and Office.
Ideally, the best way to communicate the facts of a closure or relocation is to send a letter to every existing patient of the practice. This can be a form letter addressed to “Dear Patient” but should be addressed to the specific patient and labeled “Personal and Confidential” on the outer envelope.
This method may not be possible or the dentist may not have every patients’ current address.
Other Methods Include:
Posting at Old Location. If the dentist maintains a listing in the same local telephone directory, a notice must be posted at the old practice location for one month prior to the relocation, clearly stating the date and new address and telephone number.
Other Notification to Patients. This can be done through various means, including posting notices, placing advertising in the local classified section of teh newspaper under “Legal Notices,” sending out e-mails (making sure that other patients’ names are not disclosed), or using online methods.
Notification to the Board. The dentist must notify the Florida Board of Dentistry of the relocation.
Change Address on Public License Information. In Florida, a dentist’s license information, including their address, is published online and is available to the general public. You need to change this information immediately when it changes.
Dental Record Availability.
Ensuring Access. The dentist must ensure the availability and accessibility of dental records for patients as needed for continuity of care and that the patients know how to obtain them.
Record Transfer. If records are being transferred to another dentist, the dentist must notify patients and facilitate the transfer process.
Should you encounter any problems arising out of the closure of your practice or your relocation, contact The Health Law Firm for immediate assistance.
Contact Health Law Attorneys Experienced in Representing Dentists in Business Transactions and Contracts.
At The Health Law Firm, we provide legal services for all health care providers and professionals. This includes dentists, physicians, nurses, 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.
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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 Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.
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