By Yolanda Sims, JD, MHA
Loss Prevention and Risk Management Advisor
When leaving or closing a medical practice due to relocation or retirement, there are several tasks you must complete.
Patient Notification
The most important task is notifying all affected patients. Physicians should notify all patients in a timely and professional manner to avoid allegations of abandonment. If your departure is carefully planned, it is recommended that you notify patients at least two months in advance. Notification, by letter, is preferable.
The American Medical Association (AMA) provides an ethical opinion on the responsibility of the departing physician. The AMA recommends that if the responsibility for notifying patients’ falls to the departing physician rather than the group, the group should not interfere with the discharge of these duties by withholding patient lists or other necessary information.
Information to Include in Notification
The departing physician should send a letter of notice to all active patients (seen in the last two years) and provide the following information:
- Your departure date
- Patient’s options regarding providers to continue medical care
- For example, upon receipt of an authorization, records will be sent to a new physician
- The name of the physician taking over your practice or the physician who will be the custodian of your records
- Where the medical records will be stored upon your departure (address, contact phone, etc.)
Alternative to Notification by Letter
As an alternative, physicians can publish the closing of their practice in a newspaper of general circulation, but this is typically when notice by mail is not feasible due to the number of patients involved.
The notice should be published three (3) times for three (3) consecutive weeks. According to Northwestern University’s State of Local News 2024, readership has dramatically declined, and in the past year, 500 of the largest daily and weekly newspapers lost an estimated 2 million print and digital readers. As traditional methods give way to contemporary approaches, it’s prudent to consider more modern ways of communicating the closure or relocation of a practice. If this is your preferred option, proceed thoughtfully and enhance communication efforts by incorporating social media posts, prominently displayed website banners, and patient portal notifications.
Custodian of Records
Another important task upon departure or retirement is that a physician should enter into a custodian agreement with a colleague in their same specialty. It is not required that the custodian be in the same practice. However, the arrangement often results in new business for the custodian physician.
Physicians are also permitted to designate an entity (i.e., a clinic) as the custodian of records. Keep in mind, patient records must be maintained by the physician or custodian for a period of ten (10) years from the last date the physician treated the patient. The confidentiality and physical safety of the records continue even after departure. Ensure that both parties fully understand the rights of the patients and the obligations of the designated custodian.
Terminating an Active Practice in Kansas
All physicians licensed in Kansas must notify the Kansas Board of Healing Arts (KBHA) in the event they plan to retire. The notification must be given within thirty (30) days and must identify the location where the records will be stored, the designated custodian of records, and the date on which medical records are to be destroyed. The KBHA serves as an excellent resource for physicians, and its website offers a detailed Frequently Asked Questions (FAQ) section on this subject, including a custodian contact information form and helpful links.
In addition to notifying KBHA, other regulatory agencies, such as the Drug Enforcement Administration (DEA) and the Centers for Medicare and Medicaid Services (CMS), should also be notified. This is not an exhaustive list; other relevant agencies or entities may also require notification for compliance and reporting purposes.
Other Considerations
- Contact the insurer covering the practice (professional liability carrier and general liability carrier) about your relocation or retirement.
- If the records you are turning over are currently in paper format, please discuss the administrative burdens the custodian physician may incur if they have transitioned to electronic medical records.
- If you are unable to find a willing custodian, check with a reputable document retention company in your area. Physician practices in rural areas often encounter problems like this. The company should be familiar with the confidentiality standards surrounding protected health information.
For a closing checklist or sample exit letter, contact Yolanda Sims, Loss Prevention & Risk Management Advisor at ysims@kammco.com or 1-800-232-2259 for additional assistance.
Resources
Campbell, R. (2021). Patient Notification Requirements. Caried. https://www.cariend.com/patient-notification-requirements/. Accessed 8 Oct. 2025.
Kansas Board of Healing Arts. https://www.ksbha.ks.gov/about-us/newsroom/publications-resources/patient-record-storage-location-information