Expired Medications • Medical Record Requests • Valuing a Medical Practice

QUESTION: What should I do with expired medication?
ANSWER: According to the Drug Enforcement Agency (DEA), if the office cannot return the medication back to the pharmaceutical company for credit, then they can call the only distributor in California, EXP Pharmaceutical Services Corporation, at (800) 350-0397, to take these drugs and dispose of them properly. EXP will mail out a box for the medication with directions on how to ship it back. The quantity does not matter, so even small packages are accepted. For further information, visit EXP’s website.

QUESTION: A patient that I evaluated for a workers’ compensation case is now requesting a copy of his medical records. Do I have to comply with the patient access laws with respect to persons I have evaluated for judicial or administrative proceedings?
ANSWER: We are of the opinion that treating physicians must comply with these disclosure requirements regardless of how they are paid. Thus, the fact that a treating physician is paid by a workers’ compensation insurer does not affect the patient’s right to information. However, the opinions and/or conclusions of a physician retained as an expert in a workers’ compensation case are not subject to disclosure pursuant to the patient access law because the individual in that case is not a “patient” of the expert. Physicians acting as experts should consult with the attorney who retained them concerning requests for information by an individual they evaluate. Physicians should be aware that people they examine at the direction of attorneys pursuant to Code of Civil Procedure §§2032.010 et seq. are entitled to a copy of the physician’s report pursuant to Code of Civil Procedure §§2032.610 et seq. For further information, consult CMA’s ON-CALL document #1150, “Patient Access to Medical Records,” available free to SDCMS-CMA members at www.cmanet.org. For assistance in logging onto CMA’s website, contact me at (858) 300-278 or at LWendler@SDCMS.org.

QUESTION: Our physician is considering retirement in the next year. Does SDCMS have any endorsed partners who would be able to determine the value of the medical practice?
ANSWER: SDCMS-endorsed partner, Practice Performance Group (PPG), provides assistance in valuing medical practices, offering them for sale, and coaching physicians through the process. Jeff Denning may be reached at (858) 456-7878 or at Jeff@PPGConsulting.com. SDCMS-CMA members receive discounts from PPG on management consulting. SDCMS will also be hosting a Retirement Seminar, “Endgame Planning,” on Feb. 20, 2010. For further information, click here.