Intellectual property. Be sure to retain the intellectual property rights generated by the physician when acting in and in connection with his or her employment or in the use of your property or personnel. Performance Standards. Add appropriate performance standards to which the physician must adhere, p.B: compliance with applicable laws, the relevant standard of care, payer requirements, and your laws, rules and guidelines; Provide services in a professional and uninterrupted manner; participation in committees and compliance with the obligations of medical staff; Participation in your payer programs; cooperation on collections and investigations; Use of your staff and property to provide services solely for your benefit and not for the benefit of the physician or any third party. Written agreement. Strong and AKS safe harbors typically require ongoing written contracts for independent contractors. While written contracts are not required for the employee`s shelters, it is usually a good idea to document the agreement to avoid disputes, especially if there are special compensation requirements, if the job is not “at will” or if you want to enter into a restrictive agreement. Physician Requirements – All physicians must have up-to-date licenses, U.S. Drug Enforcement Administration registrations, board certification/eligibility, and possibly malpractice coverage from a previous employer.
Employment contracts often contain very general terms and conditions, such as. B requirements, “all policies, procedures and statutes … ” to comply. of the employer. The physician should not agree with these types of general statements unless they are provided with actual copies of the policies, procedures and by-laws that must be reviewed before signing the agreement. Termination. The appropriate termination provisions are your safety valve; They will allow you to get out of a bad contract. Your agreements should include appropriate termination provisions, which typically include: termination without cause after notice; termination for cause, subject to notice and a reasonable opportunity to heal; and immediate termination for certain reasons, for example. B exclusion from federal programs, failure to meet qualifications or criminal misconduct. If you authorize termination without giving reasons after notice, you may reserve the right to immediately terminate the physician or suspend their services as long as you pay compensation that would otherwise be due within the unexpired notice period. While this checklist provides an overview of the essential terms that should be covered in an employment contract, physicians should think twice before deciding to conduct contract negotiations themselves. The assistance of a qualified healthcare lawyer can be invaluable in navigating an employment contract. Qualifications.
Make the contract dependent on the satisfaction of the doctor and the maintenance of certain qualifications, for example: B.: unrestricted approval by the State; DEA registration; membership in medical personnel and relevant privileges; participation in public and private payer programs; Certification or eligibility of the Board of Directors; insurability; and the ability and competence to provide the required services. Ask the doctor to notify you immediately if he or she does not meet the qualifications. If you pay moving expenses, a signing bonus, student loan payments, or other similar items, you should consider applying for some form of reimbursement if the doctor leaves within a certain amount of time. Many non-public providers structure these payments as forgivable loans to facilitate repayment. If so, you may want to address the tax implications and secure the refund obligation with a note or other security tool. If the physician`s employment begins in the middle of the compensation year, determine whether the remuneration or bonuses should be prorated. If you pay a premium, you must require the physician to remain employed until the end of the premium period in order to be eligible for the premium. If you pay based on productivity, determine whether compensation should be subject to regular draws or reconciliations, and how payments will be calculated upon termination. Beware of compensation structures that would allow the doctor to make further payments after termination (for example.B payments based on debt collection). Reserve the right to offset any compensation you owe to the doctor with the amounts the doctor may owe you. Obligations – The employment contract must document the number of days and times the physician is expected to work, as well as the places where he or she is expected to provide services. In addition, the administrative tasks of the doctor and the expected time devoted to these tasks must be determined.
Compliance. It is generally appropriate to include a general provision confirming that: the parties intend the agreement to be in conformity with the relevant provisions; the contract must be interpreted in such a way as to ensure compliance with it; and either party may terminate with notice if a party determines that the contract may expose it to government action and the parties are unable to amend the agreement to ensure compliance. Authorization. Confirm that the parties executing the agreement have the authority to do so. Parties to the agreement – It is important for doctors to understand who the employer is – this will help define how decisions are made. Is the employer a hospital or a non-profit foundation? Is it a medical corporation or association (with shareholders) or a limited liability company? Is there a board of directors or a management committee? To whom does the physician report? Civil liability insurance.. .