2nd Edition

The Physician Employment Contract Handbook A Guide to Structuring Equitable Arrangements

By Maria K. Todd Copyright 2011
    207 Pages
    by Productivity Press

    208 Pages
    by Productivity Press

    This book provides sample physician employment contracts and explains how each contract works. It is helpful for physicians and administrators who wish to prepare themselves for the contract and employment decisions that lie ahead of them.

    OPPORTUNITIES AND OPTIONS

    Occupational Options for Physicians

    Managed Care Implications

    Hospital-Owned MSO

    Group Practice without Walls/Clinic without Walls

    Open Physician Hospital Organization

    Closed Physician Hospital Organization

    Physician Practice Management Arrangement

    Equity Management Services Organization

    Foundation Model

    Staff Model

    Conclusion

    Working with Search Firms

    Re-Employment Issues

    Do's

    Don'ts

    The Physician Recruitment Process

    The Screening Process

    The Interview Process

    Recruiting Foreign Physicians from U.S. Residency Programs

    Submitting Your CV to Search Firms

    Using a Physician Recruiter - a Checklist

    Negotiating a Contract with an Employer

    Work Restrictions

    Introduction to the Group Practice Environment

    Setting Your Expectations

    LEGAL ASPECTS OF PHYSICIAN EMPLOYMENT

    Medicare/Medicaid Anti-Kickback Concerns

    Fraud and Abuse Issues

    Problems with Fraud Control

    Laws Governing Healthcare Fraud

    False Claims

    Causing the Submission of a False Claim

    Damages Under the False Claims Act

    Qui Tam Provisions of the False Claims Act

    Antitrust Concerns for Physicians

    The Purpose of the Antitrust Laws

    Antitrust Laws in General

    Antitrust Enforcement

    Conspiracy in Restraint of Trade

    Medicare Physician Incentive Plan Requirements

    Physician Incentive Plan Regulation Questions and Answers

    Substantial Financial Risk

    Questions and Answers

    Stop-Loss Production

    Disclosure

    Miscellaneous

    Glossy

    Corporate Practice of Medicine

    Contract Law Basics

    Parol Evidence and Incorporation of Exhibits and Attachments

    Specified Services

    Standards of Care

    Exclusion of Other Statements

    Contract of Record

    Express of Implied Contracts

    Quasi Contracts

    Definiteness

    Other Types of Contracts

    Termination of an Offer

    Duress Issues

    Interpretation of Contracts

    Assignments

    Delegation of Duties

    Discharge of Contracts

    Bankruptcy

    Breach of Contract

    Liquidated Damages

    A Checklist for Managed Care Agreements

    Key Phrases to Raise Red Flags - how to respond

    Alternative Dispute Resolution

    Who Are the Neutrals?

    Who Uses Alternative Dispute Resolution?

    Arbitration and Mediation

    Stages of an Arbitration

    Arbitration and the Law

    Advantages of ADR

    Speed

    Choice and Expertise of Impartial Neutrals

    Informality and Flexibility

    Privacy

    Economy

    Finality

    Mediation

    Types of Disputes Resolved by Mediation

    The Neutrals

    Scheduling a Mediation

    Stages of Mediation

    Administrative Fees

    Deposits

    Refunds

    Typical Dispute Resolution language in Employment Agreements

    Glossary of Dispute Resolution Terms

    Physician Employment Contracts

    Compensation and Benefits

    Other Major Considerations

    General Contract Terms

    The Real Key to Success

    Section Three - Managed Care

    Managed Care Participation for the Newcomer

    Health Maintenance Organizations

    HMO Premium Rate Setting

    HMO Models

    HMO Provider Contracts

    Point-of-Service Products in HMOs

    Transferring Risk to Providers in the HMO Setting

    Preferred Provider Organizations

    Silent PPOs

    Exclusive Provider Organizations

    Independent Practice Associations

    Physician Hospital Organizations

    Management Services Organizations

    EMPLOYMENT ARRANGEMENTS

    Employed Physicians in the Hospital Sponsored Practice

    What to Expect from the Contractor

    Compensation

    Grievances

    Non-Compete Clauses

    Full Partnership Arrangements

    Duration of Partnership

    Partner Disability Benefits

    Medical Director Positions

    EXAMPLES OF PHYSICIAN EMPLOYMENT CONTRACTS

    Appendix 1 - Full Partnership Agreement

    Appendix 2 - Hospital Affiliated Practice/Physician Practice Management (NonEquity)

    Appendix 3 - Full-time Faculty Member - University Medical Corporation

    Appendix 4 - Independent Contractor Agreement

    Appendix 5 - Medical Director Employment Agreement

    Appendix 6 - Group Practice Staff Physician Agreement

    Appendix 7 - Managed Care and Other Related Case Law

    Biography

    Maria K. Todd, PhD, is the CEO of HealthPro Consulting, Inc., the Executive Director of The Health Reimbursement Institute, and a Managing Partner with Global Health Sources, LLC.