Current through Register Vol. 49, No. 9, September, 2024
1. DEFINITIONS:
a. "Entity" means any person, organization,
or business entity of any type that engages a healthcare provider as an
employee, independent contractor, member, or in any other capacity for the
practice of medicine as defined in §
17-95-202.
"Entity" does not include insurance companies, health maintenance
organizations, or hospital and medical service corporations;
b. "Existing Patient" means a person who is
seen for a medical diagnosis or treatment, or both, by a health care provider
within the previous twelve (12) months as evidenced by an entry in the medical
record of the patient. The twelve (12) month period described herein shall be
calculated by counting back .twelve (12) months from the later of the following
dates:
i. The date that the healthcare
provider's relationship with the entity terminates: or
ii. The date that the healthcare provider
gave the entity notice of a new practice location.
c. "Healthcare Provider" means a person who
is licensed by the Arkansas State Medical Board and has ultimate responsibility
and legal liability for the care of the patient.
2. PROHIBITED CONDUCT:
a. If the healthcare provider has made new
practice location information or new contact information available to the
entity, an entity or person on behalf of an entity shall not:
i. Mislead any patient about the new practice
location of a healthcare provider or new contact information of a healthcare
provider: or
ii. Fail to provide a
patient with the new practice location of a healthcare provider or new contact
information of a healthcare provider when requested.
b. When requested by a healthcare provider
who is relocating his or her practice, an entity with a relationship with
healthcare provider shall within twenty-one (21) calendar days:
i. Provide the healthcare provider with a
list of the healthcare provider's existing patient names and
addresses;
ii. Send a notice with
the new practice location information to all of the health care provider's
existing patients after providing the healthcare provider a copy of the
proposed notice for review and comment; or
iii. Post the new practice location
information of the healthcare provider on the website of the entity after
providing the healthcare provider a copy of the proposed posting for review and
comment. The posting shall remain on the website of the entity for twelve (12)
months after the healthcare provider's last day of employment with the entity
posting the information.
c. Within (2) business days of the request
described in this section, the entity shall provide the healthcare provider
with a list or schedule of upcoming patient appointments with the healthcare
provider and the contact information of the patients.
3. HEALTHCARE PROVIDER'S DUTY TO INFORM
BOARD.
In order to avoid defrauding, misrepresenting or deceiving the
public or the Board, a healthcare provider will inform the Arkansas State
Medical Board within 30 days of his or her terminating, retiring from, or
relocating his or her practice setting. The healthcare provider will inform the
Board of his or her new location and address and of his or her practice setting
if applicable. The healthcare provider will further inform the Board of where
the patient records are stored, who is the custodian of those records and how
the patient or other individuals may obtain the records.