When closing a medical practice such as a doctor’s office, dental practice, or hospital, understanding the laws related to practice closure is vital. Every state has specific regulations governing how patients must be notified, how long medical records must be maintained, and more. Medical professionals must follow specific legal and ethical steps to ensure a smooth patient and staff transition. Failure to adhere to these requirements can lead to legal repercussions and patient care disruptions.
This guide provides a comprehensive overview of the legal requirements for closing a medical practice in Massachusetts.
Key Requirements for Medical Practice Closure
Closing a medical practice is a multifaceted process that requires careful planning and compliance with legal obligations. Some items you will need to keep in mind, include:
Patient Notification
How and when will you notify patients of your intent to close your practice? Patients must be given adequate notice of the closure. This allows them to find alternative care providers.
Medical Records Management
Patients must be informed about how to obtain copies of their medical records. In many states, physicians are required to retain records for a certain period (e.g., seven to ten years) after the practice closes or to contract a medical records custodian to deliver records to patients for that time period.
Staff Considerations
Employees should be notified per labor laws, and any contractual obligations regarding severance or final paychecks must be fulfilled.
Regulatory Compliance
The practice must notify licensing boards, Medicare/Medicaid, and malpractice insurers of the closure. Additionally, the practice may need to formally dissolve as a business entity.
Disposal of Medications and Equipment
Prescription drugs and medical waste must be disposed of according to federal and state regulations to ensure environmental and public safety.
Financial and Legal Obligations
Outstanding debts, leases, and vendor agreements must be settled before closure. Legal counsel can help navigate any complexities.
Download a Checklist for Closing Your Medical Practice
Fill out the form to receive a PDF download of the medical practice closure checklist we use, or contact us today to learn more about how we can help you seamlessly close your practice and begin the next chapter in your life.
Massachusetts Medical Practice Closure Laws
Massachusetts physicians must comply with Board regulations governing medical records, registration changes, retirement, and professional conduct. Some parts of the closure process are governed by binding rules. Others depend on professional standards designed to prevent abandonment and maintain continuity of care.
Massachusetts Patient Notification Requirements
The Massachusetts physician regulations do not establish one universal advance-notice period for all medical practice closures. However, physicians must allow patients a reasonable opportunity to arrange continued care.
The Massachusetts Medical Society identifies advance notice to patients and other stakeholders as an essential part of practice transition planning. The AMA also advises physicians to notify patients far enough in advance to allow them to secure another physician and to facilitate a transfer of care when appropriate.
A written patient notice should include the practice’s closing date, instructions for obtaining continued care, and information about locating another physician. It should also explain where records will be stored, how long they will remain available, and how patients can request copies or authorize a transfer.
Practices should send notices directly to active patients and keep documentation showing when and how notice was provided. Certified or otherwise trackable delivery may be appropriate for patients receiving ongoing or time-sensitive care. Website announcements, portal messages, office signs, voicemail recordings, and newspaper notices can provide additional visibility.
Because Massachusetts does not impose a single closure-notice timeline for every physician practice, the appropriate notice period will depend on the patients’ needs, the availability of other physicians, the specialty, and the risks associated with interrupted treatment.
Massachusetts Medical Records Retention and Access Requirements
Under 243 CMR 2.07(13), Massachusetts physicians must retain medical records for the following minimum periods:
- Adult patients: Seven years from the date of the last patient encounter.
- Minor patients: Seven years from the last patient encounter or until the patient turns 18, whichever is longer.
- Retiring physicians: The physician, successor physician, or physician’s estate must preserve access for the required period.
Records must remain available in a manner that gives former patients and successor physicians reasonable access. These responsibilities continue after a practice closes and apply regardless of whether the physician’s license is active, inactive, lapsed, suspended, revoked, resigned, or retired.
Patients may inspect their records or request copies. Physicians cannot withhold records because a patient owes money for medical services. HIPAA-covered practices generally must act on an access request within 30 calendar days, subject to one properly documented 30-day extension.
If you do not want to remain responsible for storing records and fulfilling requests after closing your practice, Desert River Solutions can help. Learn more about our custodian of medical records services.
Physicians associated with a hospital or DPH-licensed clinic should confirm whether the facility’s longer retention rules apply. Under Massachusetts General Laws Chapter 111, Section 70, covered hospital and clinic records generally may not be destroyed until 20 years after discharge or final treatment.
Massachusetts Medical Board Notification Requirements
Closing an office does not automatically change a physician’s license status. Massachusetts does not appear to require one universal practice-closure filing from every physician. However, specific Board notifications may still apply.
Physicians must report a change in their home or business address to the Massachusetts Board of Registration in Medicine within 30 days. This requirement is particularly important when a former practice address will no longer receive correspondence.
A physician who intends to retire from medicine must request retired license status in writing. The request must address any open or reasonably anticipated Board complaints and include an agreement to keep patient records accessible. Retirement does not become effective until the Board issues written notice of the license-status change.
A physician who stops practicing temporarily may request inactive status instead. Physicians should review their plans with the Board before closing to determine the appropriate license status and required filings.
Additional Resources for Closing Your Medical Practice in Massachusetts
For current information about Massachusetts medical practice closure requirements, consult these resources:
- 243 CMR 2.00: Licensing and the Practice of Medicine
- Manage My Physician or Acupuncture License
- MMS Guide to Practice Transition or Retirement
- Massachusetts General Laws Chapter 111, Section 70
- AMA: Terminating a Patient-Physician Relationship
- AMA: Management of Medical Records
- HHS: HIPAA Medical Record Access Timeline
How Desert River Solutions Can Help
Desert River Solutions is a trusted medical records custodian serving healthcare providers nationwide. Our services include:
- Electronic medical record extraction for seamless digital transition.
- Document scanning and storage for secure retention.
- HIPAA-compliant record management and destruction.
- Patient record request fulfillment, ensuring continuity of care.
Managing medical records retention is a critical aspect of healthcare compliance. Whether you’re closing a practice, transitioning to digital records, or ensuring legal compliance, working with a trusted medical records custodian can save time and reduce risk.
At Desert River Solutions, we help healthcare providers in Massachusetts and beyond with secure, HIPAA-compliant medical records storage and management. Need help with medical records retention in Massachusetts? Contact Desert River Solutions today!
Legal Disclaimer: the information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
