HIPAA Penalty Warning When Selling/Closing Your Practice

Length: 60 minutes Expert: Wayne Miller, Esq.

Recent federal Office of Civil Rights (OCR) settlements make it clear that failure to heed HIPAA standards could result in substantial penalties if you are:

1. Selling Your Practice
2. Closing Your Practice
3. Transferring Patients

Unfortunately when tackling such big business decisions HIPAA is usually the last thing on your priority list. Don’t make this costly mistake.

The recent Practice Profitability Index reported that of the 5,064 physicians surveyed, 47% either already sold their practice (11%), are looking to sell (12%), or are considering selling (24%). And this number is rising compared to last year. If you are in the process of selling or closing your practice (or even considering it) and are NOT paying attention to how HIPAA will impact your decisions you could be in for a very rude awakening.

Wayne J. Miller, Esq., healthcare lawyer and consultant, wants to show you how you can avoid getting sideswiped with a huge HIPAA penalty during an already challenging process. Mr. Miller has prepared a presentation where he dissects HIPAA regulations surrounding selling or closing your practice or transitioning patient records, and will walk you through (in plain English) the danger zones so you can avoid them. Ultimately, after watching Mr. Miller’s training session, you’ll be able to identify the related HIPAA pitfalls and know how to steer clear of violating them.


HIPAA requires that you notify your patients if you transfer their information as part of a transaction such as a practice sale. Also, if you sell or close your practice, HIPAA guidelines must be followed in the record retention, storage or destruction methods that are followed.

Here are just a few of the topics that you’ll receive practical how-to advice on during Mr. Miller’s recorded training session:

Protect yourself as a seller from being liable for a HIPAA violation based on the buyer’s actions
• 3 simple steps to ensure that the transit and receipt of your patient records meets HIPAA standards
• Avoid “trashing” archived information before their time, and head off hefty fines
• Assign the correct custodian for closed practice records and avoid a HIPAA investigation
• Head off trouble when using an outside vendor for handling or retiring records, by making sure they comply with the law

In Mr. Miller’s recorded training program, he’ll breakdown OCR enforcement cases and walk you through what the practice did wrong. Then he’ll teach you how to avoid ending up in the same situation. You’ll get step-by-step guidance to make sure your transition of records and medical information is legally compliant, and highlight pitfalls to avoid based on recent OCR enforcement activity.

WARNING: It isn’t only the HIPAA guidelines you need to be concerned about. There are other federal and state laws that may dictate who must take responsibility for custodianship of records and how long old records must be retained. Don’t end up in the legal hot seat because you didn’t take 60 minutes out of your schedule to get the information you need.

If you are even thinking about selling or closing your practice, or if you are transferring patients records for any reason, watch Mr. Miller’s recorded webinar. You’ll be glad you did. Order today.

Meet Your Expert

Wayne Miller
Esq.Partner, Compliance Law Group

Wayne has focused his practice in the areas of health care regulatory, administrative and transactional law throughout his nearly 30-year career. He has particular expertise in business, regulatory, certification and administrative matters for health care facilities. He also represents health care related businesses and for advisors and consultants to the health care industry.

In addition to his law degree, Wayne has a Masters Degree and experience in health care administration. He has served as editor and advisor for, or has been cited in, many national publications, including Medical Economics, Eli Research publications, FDAnews, the Ingenix Ambulatory Payment Report, the Health Care Law Sourcebook and the Health Care Law Newsletter. Wayne has been a featured speaker on national teleconferences sponsored by The Coding Institute and other organizations for many years.