Hawai’i Members: Our Care, Our Choice Act Takes Effect in 2019
The state of Hawai’i just became the seventh state in the nation to allow physicians to assist terminally-ill patients in ending their own lives, in a move described by the state’s governor to allow those patients “to make their own end-of-life choices with dignity, grace and peace.”[1] Beginning on January 1, 2019, under the Our Care, Our Choice Act, Hawai’i residents who are mentally capable and suffering from a terminal illness are able to obtain prescriptions for medications to facilitate their death. HB 2739 was signed into law by Governor David Ige on April 5, 2018, and it is modeled...
When physicians decide to close their medical practice, whether due to retirement, change in practice, or a career change, several questions come up. Common issues include how to smoothly transition patients to another provider, who to notify, and what should be done with medical records. This article will address some of those questions. Attorney Consultation Physicians who plan to retire and sell their medical practice should consider consulting with an attorney who specializes in business and/or healthcare law for advice on signing sales contracts, determining appropriate compensation, selling office equipment, etc. Among other things, the attorney may advise that...
One of the most common questions asked of MIEC’s Patient Safety & Risk Management Department is "how long physicians should maintain their medical records after a patient leaves the practice, or upon retirement?" While many might assume that there are clear laws and regulations around this issue, in fact, there are few laws that address it (please see the table below for information on state laws). MIEC’s recommendations are as follows: What Attorneys Advise “Keep medical records forever.” This is the advice of many malpractice defense attorneys, because in the event of a medical malpractice claim, the medical records...
New Alaska Supreme Court Ruling Regarding Ex Parte
New ruling in Alaska restricts disclosure of patient information related to litigation. For decades, Alaska has allowed informal methods of “discovery” (sharing of information) during litigation, including private discussions between defense attorneys and the plaintiff’s treating physicians. These “ex parte” communications were encouraged by the Alaska Supreme Court, as they facilitated early evaluation and settlement of cases, with a resulting decrease in litigation costs. However, a new ruling by the Court on June 22, 2018, determined that a cultural shift in views on medical privacy warranted overruling this practice. In Harrold-Jones vs. Drury, et al., the Court held that “absent...
As of October 2, 2018, all providers practicing in California must check the Controlled Substance Utilization Review and Evaluation System (CURES) database before prescribing certain medications, including opioid pain medications. Physicians and advanced practice providers who prescribe controlled substances already must be registered with CURES 2.0, according to state law. California Health and Safety Code Section 11165.1 requires health care practitioners authorized to prescribe, order, administer, furnish, or dispense scheduled controlled substances to submit a CURES registration application to the Department of Justice before July 1, 2016, or upon receipt of a DEA registration. Senate Bill 482, which was signed...