would a michigan physician deleting patient portal messages constitute wanton misconduct

by Janice Runolfsdottir IV 6 min read

MDHHS - Complaints and Disciplinary Action - Michigan

36 hours ago Jul 02, 2019 · By Julie Brightwell, JD, RN, Director, Healthcare Systems Patient Safety, Department of Patient Safety and Risk Management, The Doctors Company, and Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company Just as it is an acceptable and reasonable practice to screen incoming patients, it is acceptable and reasonable to know when … >> Go To The Portal


Can a physician dismiss a patient from the entire practice?

Jul 02, 2019 · By Julie Brightwell, JD, RN, Director, Healthcare Systems Patient Safety, Department of Patient Safety and Risk Management, The Doctors Company, and Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company Just as it is an acceptable and reasonable practice to screen incoming patients, it is acceptable and reasonable to know when …

How do I report a violation of HIPAA in Michigan?

While healthcare markets in Michigan are worried the Michigan State Medical Society's physician portal could pose as competition, MSMS asserts its platform is …

Where do I file a complaint against a hospital in Michigan?

Michigan Physician Profile Prepared by Public Sector Consultants Inc., January 2009 2 physicians are active in Michigan.1 The ratio of Michigan physicians providing patient care of 289 per 100,000 is higher than the national ratio of 242 per 100,000.2 PHYSICIAN SPECIALTY

Can a provider terminate a patient relationship for non payment?

Feb 19, 2020 · ANN ARBOR, Mich. (AP) — Five former patients have alleged that a late University of Michigan physician sexually abused them during exams, the university says, with one accuser saying Dr. Robert ...

What are the criteria for terminating a physician-patient relationship?

Although the list is not exhaustive, it is appropriate and acceptable to terminate a relationship under the following circumstances: Treatment nonadherence—The patient does not or will not follow the treatment plan. Follow-up nonadherence—The patient repeatedly ...

What are some examples of circumstances that require additional steps or a delay or even prohibit patient dismissal?

Exceptions and Special Circumstances . A few situations, however, may require additional steps or a delay or even prohibit patient dismissal. Examples of these circumstances include the following: If the patient is in an acute phase of treatment, delay ending the relationship until the acute phase has passed.

When is a dental practitioner obliged to continue care?

When the practitioner is the only source of specialized medical or dental care, he or she is obliged to continue care until the patient can be safely transferred to another practitioner who is able to provide treatment and follow-up.

What is treatment nonadherence?

Treatment nonadherence—The patient does not or will not follow the treatment plan. Follow-up nonadherence—The patient repeatedly cancels follow-up visits or is a no-show. Office policy nonadherence—The patient fails to follow office policies, such as those for payment, prescription refills, or appointments. For example, the patient uses weekend ...

How long has a patient been in your practice?

A patient has been in your practice for about 10 years, has faithfully made regular visits, but has not been compliant with your medical regime for taking hypertension medications . You have repeatedly explained the risks of nonadherence, and you have rescued the patient on many occasions with emergent medications, usually in the local emergency department over a weekend. You are convinced that the patient understands but stubbornly refuses to comply.

What documents should be kept in a patient's medical record?

Keep copies of all the materials in the patient’s medical record: the letter, the original certified mail receipt (showing the letter was sent), and the original certified mail return receipt (even if the patient refuses to sign for the certified letter).

Can a disability be a reason for terminating a relationship?

The presence of a patient’s disability cannot be the reason (s) for terminating the relationship unless the patient requires care or treatment for the particular disability that is outside the expertise of the practitioner. Transferring care to a specialist who provides the particular care is a better approach.

What are the factors that affect the physician workforce in Michigan?

Some of the contributing factors include the retirement plans of physicians; work pattern differences

How does technology affect demand for medical services?

Other advances, such as telemedicine, may also increase demand for physician services while reducing barriers to access. However, while technology can increase demand, it can also decrease demand for certain physician services. For example, gene therapy29 could prevent chronic conditions, thus decreasing the demand for certain services that would have been necessary prior to treatment. 30

What is the growth of nonphysician professionals?

The growing production of nonphysician professionals (e.g., nurse practitioners and physician assistants) who might provide direct patient care could have an impact on the demand for the number of physicians needed to serve patients in the future. The U.S. Bureau of Labor Statistics estimates a 27 percent increase in employment between 2006 and 2016 for physician assistants (PAs). This rapid growth “reflects the expansion of health care industries and an emphasis on cost containment, which results in increasing use of PAs by health care establishments. Physicians and institutions are expected to employ more PAs to provide primary care and to assist with medical and surgical procedures because PAs are cost-effective and productive members of the health care

What is the number to call Michigan Medicine?

If you have any additional questions about Direct Messaging with Michigan Medicine, please call M-LINE at 1-800-962-3555.

What is direct messaging in Michigan?

Direct messaging is a secure, standardized way that health care organizations can exchange patient health information and referrals directly between electronic health record (EHR) systems. This functionality allows practices to connect with Michigan Medicine without having to use fax machines or mail services.

When the provider–patient relationship becomes untenable, should the provider review the patient's record before deciding to discharge

When the provider–patient relationship becomes untenable, the provider should review the patient's record before deciding to discharge the patient. Although it is true that healthcare professionals can terminate a relationship with a patient, it also is wise for the provider to have objective and factual documentation that supports the decision. For example:

Why should healthcare providers develop formal processes for termination of the provider-patient relationship?

Healthcare practices should develop formal processes for termination of the provider–patient relationship to avoid allegations of patient abandonment. Part of the process should include careful consideration of the termination and review of the patient’s record prior to discharge actions.

Should healthcare providers review managed care contracts?

Healthcare providers should review managed care contracts or other procedural documents prior to withdrawing from a patient’s care. Managed care organizations (MCOs) may require compliance with additional steps before a provider can unilaterally discharge a patient from his or her care.

Do healthcare providers have the right to treat patients?

Healthcare providers have the right to treat the patients they wish to treat. They also have the right to terminate relationships with patients for a variety of reasons, such as:

Can a healthcare provider terminate a patient?

Healthcare providers have the right to terminate a relationship with a patient as long as they do not violate state or federal laws. A provider may choose to discharge a patient for a variety of reasons, such as noncompliance with treatment regimens or appointments, refusal to obtain needed screening or treatment, or inappropriate behavior.

When a doctor-patient relationship is terminated at the behest of the provider, care must be taken to

When the doctor-patient relationship is terminated at the behest of the provider, care must be taken to ensure that a claim of “patient abandonment” cannot be made and that the reasons for termination can be proven objectively, should the patient attempt to make an abandonment case.

How to protect against abandonment claim?

To protect against a patient abandonment claim, all steps taken must be properly documented. A critical part of this documentation is the written notice to the patient that he or she must find a new chiropractor. This written notice should be mailed to the patient by regular and certified mail, return receipt requested. It is important to keep a copy of the letter, the original certified mail receipt, and the original return receipt (even if not signed for by the patient) in the patient’s records.

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