by Jennifer M. Smith, Esq.

On July 1, 2014, U.S. Healthworks announced that it had acquired all five Choice Care Occupational Medicine and Orthopaedic Clinics in Georgia. We contacted Choice Care and discovered that the name change to U.S. Healthworks is already underway. This acquisition means that employers need to update any posted Panel of Physicians which currently has Choice Care listed to reflect the name change to U.S. Healthworks. In the past few years, the State Board has taken a very technical position that the posted Panel of Physicians needs to be completely up to date, even down to the telephone number and address of the listed providers. The argument for this position is that if the panel is not completely accurate, the employee does not actually have “reasonable access to the physician/medical office”, as required by O.C.G.A. § 34-9-201(b). If a panel is deemed invalid, the injured employee is then able to select treatment with a physician of her choice. If an incorrect telephone number or address can deem an otherwise valid panel invalid, it could certainly be argued that a name change of one of the providers could create enough confusion to result in an injured worker not having reasonable access to that provider.

Therefore, we recommend that employers review their panels for Choice Care clinics now and make the name change to U.S. Healthworks. The locations of the Choice Care clinics which are now U.S. Healthworks are:
Atlanta (Midtown): 338 West Peachtree St. NW
Atlanta (Six Flags): 4525 Fulton Industrial Blvd. SW
Hapeville: 791 Oak Street
Marietta: 470 Franklin Road SE
Norcross: 6760 Jimmy Carter Blvd.

This name change serves as an overall reminder to periodically review the Panel of Physicians for accuracy. In Georgia, there are three types of panels, but the most traditional panel is a list of at least six unaffiliated physicians or clinics. On this type of panel there must be: 1) at least one physician who specializes in orthopedic surgery; 2) no more than two industrial clinics; and 3) at least one “minority” physician, which generally is based on race or gender. There are two other types of panels – a Conformed Panel of Physicians and a Managed Care Organization “panel.” These types are alternatives to the traditional Panel of Physicians.

For additional information on the recent acquisition of Choice Care or advice on preparing a Panel of Physicians, please do not hesitate to contact our office.