Medical Record Issues on Departure or Termination
[Note that these deadlines are examples only and physicians should ensure that the deadlines in any Termination Policy adopted by their Practice are practical and promote effective compliance and cooperation between the parties.]
- Notice of termination shall be given in writing, no less than [insert number] days prior to the intended date of termination.
- By [5pm on the termination date], the departing Party will:
- transfer all Patient-related documents, materials and emails into the electronic system of the Practice;
- ensure all billings for work done have been completed in accordance with the billing procedures of the Practice;
- remove all personal belongings from the office;
- for Patients being retained by the Practice, send letter to Patients advising of the name and contact information of the Physician proposed as the new Responsible Physician;
- prepare [patient transfer memos/forms] for all Patient Records retained by the Practice and ensure that all required consents and authorizations required for such transfer have been obtained; and
- for Patients being retained by the departing Party, send letter to such Patients advising of the Party’s new practice and contact information.
- By [5pm on the termination date], the Practice will:
- provide the departing Party with an electronically readable and practically usable copy of personal contact lists and emails (if any);
- provide the departing Party with an electronically readable and practically usable copy of the electronic Medical Records for every Patient for whom the departing Party is the Responsible Physician and who is leaving with the departing Party.
- At 5 pm on the termination date, the Practice shall terminate the departing Party’s access to the Practice’s IT system and the departing party shall return all keys and entry fobs.
- The Practice will, for six (6) months following termination, forward the departing Party’s emails for matters unrelated to Patients retained by the Practice.
- The departing Party will be invoiced at the rate of [insert agreed rate] per hour for support staff work related to the transition that is outside the normal course of business. These fees will be payable for any work required to facilitate the transition, regardless of whether such work is during the notice period or after termination.
- The fees for transfer of electronic Patient Medical Records shall be as follows [insert fee structure].
Other matters that could be addressed in a policy include use of staff time, service provider costs, transferring to other formats, boxing paper files, and copying costs and time.
