Closing Your Practice

 

Can You Sell Your Medical Practice?

 

A physician may sell his or her practice to another physician or a limited selection of other entities.  Salability of practices varies from community to community, and specialty to specialty.

 

If your practice engages a practice-broker or consultant to assist you in the sale, check with your State to make sure if licensure is required in that state, and they are licensed to do so, like in California. Ask for a copy of the law, don't just rely on their word, as laws change. Licensed consultants/brokers are required to provide a copy of their license number.

 

Does Your Practice Have Value?

 

There is no single formula for valuing a medical practice.  This information is meant only as a guide and is not a complete list of what you will need to appraise your practice. You will need assistance from your attorney, accountant, and possibly a professional practice appraiser, such as at http://www.MedicalPracticeAppraisal.com. The practice value consists of accounts receivable, tangible assets and intangible assets (goodwill). A common value for goodwill is approximately 25% of the past year's collections, though this can vary widely.

 

Partnership and Corporate Practices

 

Have your attorney review carefully the arrangements of your agreement with your partners, and advise you of any concerns. 

 

Controlled Substances

 

For specific instructions on disposal of controlled substances, you must contact the Drug Enforcement Agency local office

 

Return any unused DEA order forms (not to be confused with the State triplicate prescription pads) to the DEA.  Be sure to VOID ALL FORMS before mailing.

 

If you wish to maintain your DEA registration after retirement, contact the DEA to inform them of your change of address

 

To surrender your DEA registration, mail it receipt-requested to the DEA at the Washington, DC address.  Include a letter stating your intent.

 

You may sell drugs which are not controlled substances.  Discuss this with your pharmaceutical detail person(s) as pharmaceutical companies may take back unopened, unexpired stock.

 

Return any unused state triplicate prescription pads with a letter regarding your retirement or office closure (registered, receipt requested) to  your State Bureau of Narcotics Enforcement.

 

Be sure to VOID ALL PADS.  Ask both the DEA and BNE what retention requirements are for your records pertaining to controlled substances when you turn in your registration and triplicate pads.

 

Informing Your Patients of a Move or Retirement

 

You must inform your patients of your intent to retire or move in good time for them to establish a relationship with a new physician and have copies of their medical records transferred.  See attached the example notification letter.  There is a convenient records release form at the bottom of the letter which your patient may fill out and return to you.  If you charge a fee for the duplication of patient records, it may be appropriate for you to indicate this on the letter to avoid misunderstandings between you and your patients.

 

Note any transfer of records, and to whom they were transferred, in your retained copy of the patient's medical record.  Do not transfer original records.

 

Physicians, their estates,  or a physician-custodian should retain medical records ( or digital copies) in perpetuity as a safeguard against malpractice liability problems. Ask your malpractice carrier about their requirements.

 

For patients who made no arrangements for duplication of records at the time of your retirement, you may wish to make your attorney the contact person between your and patients who seek copies of records in the future.  You may wish to consider putting your records on microfilm or placing your records in a rented storage location.  As a precaution, notify your local medical society of the location of your records.

 

Insurance Coverage

 

In advance of your planned retirement date, go over all of your insurance policies with your insurance broker.  Remember to request a refund on unexpired policies that are canceled.

 

Talk to your liability insurance broker about what coverage you will need to protect yourself in retirement.

 

Be sure that your workersÕ compensation insurance remains in effect while your employees are still working.  Review life, health, and disability policies.

 

The Office

 

A well-run office will be easier to sell or close than a poorly-run one.  Invest in good office staffÑit pays off.

 

If you died, would your office staff know what to do?  Would they be able to help your family close your practice?  Provide them advanced directives.

 

Medical License

 

Upon request, you may be permitted to renew your medical license at no cost.  Contact your state medical board

 

You may also become exempt from continuing medical education requirements by requesting that exemption from MB.

 

Whom to Notify of Your Retirement

 

Professional Associations:  your local medical society, State Medical Association, the American Medical Association, and your specialty societies.  Most specialty society addresses may be obtained by writing the AMA, or by contacting your local medical society.

 

Major insurance carriers:  These should be advised of your change in status and address due to the long lag time between filing claims and final payments.  Be sure to notify Medicare, MediCal, Blue Shield of California, and other major commercial carriers.

 

Social Security Administration:  The SSA should be another stop if you are approaching your 65th birthday.  Apply for your benefits as well as Medicare coverage.  Evaluate supplemental coverage as needed.

 

Benefits

 

Check with your local medical society for special benefits that they offer.

 

Office Closing List

This checklist may assist you in closing your office

 

 

¥     Notify your patients and arrange for record transmittal and storage.

¥     Insurance:  be sure to ask for premium refund!

-     Office insurance, both personnel and contents, must be maintained until business is formally concluded.  File final unemployment return, cancel workersÕ compensation, office contents and liabilities when premises are totally vacated.  Keep any accounts receivable coverage until accounts are paid or turned over to a collector.

-     Professional liability may be canceled only if you plan to cease practicing entirely.  If you've been covered under a Òclaims madeÓ policy, arrange for your ÒtailÓ coverage.  Be sure to keep all old policies readily accessible.

 

¥     Accounts payable items:

-     Notify all suppliers and request final statements.  You may be able to return some unopened items for credit.

-     Notify utilities, including the telephone company of date you wish service discontinued.

-     Keep business checking account open for three months after closing.  This should allow all bills to be paid.  Deposits from patients, insurance payments may straggle in after that date, but can be deposited to your personal account, as long as a record is kept.  Check with your accountant.

 

¥     Items for your accountant:

-     File necessary final tax returns.

-     Notify Keogh or corporate retirement plan of your and your employeesÕ intentions.

-     Make arrangements for retention of business and personnel records.

 

¥     Mail delivery items:

-     Leave a forwarding address with the post office.

-     Discontinue magazine subscriptions and ask for a refund or notify printers of your new address.

-     Write ÒRetiredÑReturn to SenderÓ on all Ójunk mailÓ.

 

Also:

¥     Cancel or change status in personal and/or professional organizations.

¥     Send personal letters of appreciation to individuals who have helped you in your career.

¥     Donate books, journals to a medical library.

¥     Dispose of drugs and prescription pads according to DEA regulations.

¥     Securely store all diplomas, licenses, indications of medical membership.

¥     Give some thought to keeping your answering service active between three months to a year, depending upon local circumstances, your specialty and/or patient population.

¥     Be sure to advise your local medical society of the location or your remaining records.


Letter for Physicians Discontinuing Practice

 

Dear Mr/Mrs/Ms:

 

            Please be advised that because of my (retirement/reasons of health/etc) I am discontinuing the practice of medicine on (Date), 20____.  I shall not be able to attend to you professionally after that date.

            I suggest that you arrange to place yourself under the care of another physician.  If you are not acquainted with another physician, I suggest that you contact the (Local) Medical Society.

            I shall make my records of your case available to the physician you designate.  Since the records of your case are confidential, I shall require written authorization to make them available to another physician.  I am including at the end of this letter an authorization form.  Please complete the form and return it to me.

            I am sorry that I cannot continue as your physician.  I extend to you my best wishes for your future health and happiness.

 

Yours very truly,

(Name), M.D.

Date:                                                                          

 

To:   (Name), M.D.

 

I hereby authorize you to transfer or make available to:

 

                                                                                    , M.D., (address), all the records and reports relating to my case.

 

Signed                                                                         


© Professional Management and Marketing 2003 all rights reserved

 

This article is intended as a general guideline and not intended to give legal advice. Contact your attorney for current requirements.

You may contact PMM for practice appraisal, closure or sale assistance at:

Professional Management and Marketing

3468 Piner Rd, Santa Rosa CA 95401

ph 707-546-4433

email info@practicemgmt.com

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