If you are a non-physician owner of a medical practice, you may wonder what requirements govern the process of closing your small business. Our Georgia-based business and healthcare law firm 
assists medical practice owners with set up, a variety of business transactions, dissolutions and wind-down of the business. Medical licensing rules do not necessarily govern the non-physician owner, but there are potential obligations all owners should be aware of.
First, Retain Patient Medical Records.
Assuming the medical practice owns at least certain patient medical records, Georgia law requires the medical practice to maintain medical records for ten years from the date of creation and make those records available to patients upon request. O.C.G.A. § 31-33-2(a)(1)(A). There are exceptions to the ten-year rule. For instance, a provider who is retiring or selling his or her practice is excepted if the provider completes certain tasks, including notifying the patients of the impending retirement or sale and offering to provide each patient’s records to another provider of the patient’s choice and, if requested, the patient. O.C.G.A. § 31-33-2(a)(1)(B)(i). There are possible vendors with whom you may contract to assume this responsibility, if desired. And if the medical records are electronic medical records (“EMR”) controlled by a third-party vendor, the vendor’s contract should be carefully reviewed and followed, subject to Georgia law requirements.
government organizations that experienced revenue losses from COVID-19. The purpose of the Act is to offer financial relief and to establish telehealth benefits for patients needing non-COVID-19 services. Section A of the Act authorizes programs for relief and contains information about mandatory spending provisions, while section B contains provisions regarding discretionary and emergency appropriations. Over the next few weeks, this blog will discuss recent changes to the CARES Act, and the impact that those modifications are having on hospitals and physician practices. This post provides a brief overview of the CARES Act, as well as the attestation process that providers must follow upon receiving funds.
to audit providers suspected of fraud. UPIC contracts combine Zone Program Integrity Contractors (ZPIC’s) and Medicaid Integrity Contractors (MIC’s) to coordinate Medicare and Medicaid auditing. UPIC’s focus primarily on Medicare claims, and seek to distinguish between provider billing errors or fraud.
se be used and allows physicians to manage chronic illnesses remotely, without the in-person interaction that exposes provider and patient to the risk of spread. This increased reliance on telemedicine has prompted state and federal legislative bodies to pass new rules and guidelines to promote access to telehealth services by reducing costs, increasing availability, and promoting relationships between healthcare providers and their patients. Our Georgia-based business and healthcare law firm follows regulatory developments that impact healthcare providers. As of the date of this post, seven states (Arizona, Florida, Kansas, Maine, New Jersey, Oregon, and Utah) have waived restrictions on telehealth. More relaxation of telehealth rules may be expected.
On April 6, 2020, Lee Little Health Law co-presented with Brian Tuttle, Navigating HIPPAA and Telemedicine during COVID19.
We salute all of our clients and friends who are healthcare providers on the front lines of COVID-19 pandemic for their commitment and steady hand during these perilous days of uncertainty. All of us are better and safer because of you. Above all, we wish good health and safety for all healthcare providers. We appreciate the trust and confidence that our clients place in us. As we all work through this difficult time together, we reiterate our commitment to helping all healthcare providers.