Have Legal Questions? Ask a Lawyer Now.
thank you, XXXXX XXXXX not know if using billing information to solicit business for the new employee from patients the employee was able to encounter at the other practice, and to send a blanket transfer of records to all patients who had her name on a service provided by the hospital, I feel you pointed me in the right direction, can you cite aa statute that applies? thank you
to clarify the hospital initiated a solicitation on behalf of the physician, who is leaving a local practice and starting to work as a physician for the hospital in the same community. The solicitations to transfer care were based on the billing information the hospital obtained from its billing dept. The hospital sent the solicitations to those patients, who had been billed for any hospital services billed to the targeted patients that had the new physician employee on the ordered service. To my knowledge, no medical information was made known to this physician, however, patients who wished to remain with the physicians previuos were confused and felt the outside clinic was closing and those physicians were retiring, some infact had received the mailed solicitation for transfer of records and had never seen the physician who is now employed by the Hospital, thank you
I have have not made myself clear the hospital used its billing database to solicit transfer of records from the physicians old employer the that physicians new employer the hospital at the hospitals outpatient clinic. The billing information was used to target the patients this new employee had seen as an employee of the other clinic. Is their no prohibition against using information for the financial benefit of a hospital employee, does the hospital have any obligation to the employer whose patients this physician had access to as a result of that employment, if not then can the hospital then use the same billing data to send mailers to patients who may have seen a physician in their employ and ask them to transfer their records, to a hospital physician because of this one chance encounter?
thank you for your reply, finally if a mailer was sent in error to a patient on this physicians behalf, is there any cause of action on the part of the practice affected by this error?If the request to transfer records did not come from the patient, but the hospital and its employee the new physician hire?
because of the confusion caused by the mailer to patients who did not want to transfer, or did not wish to transfer their charts, we have had to buy radio/newspaper ads stating that the clinic is still in business and the primary physicians are not retiring.
sorry for the delay. I appreciate your input, it is a problem for the clinic the physician left , as the actions of the hospital caused problems for the clinic the physician left using the database the physician had access to(the patients the physician would have sent to the hospital for services were those that were seen as an employee of the clinic), I was sure that there must a question of law in there somewhere but I guess not, thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).