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Guide to Physician Contracts: Essential Legal Tips for New Practitioners

This comprehensive guide provides practical insights on contracts for new physicians, including types of arrangements, compensation, benefits, leaves, liability insurance, non-compete agreements, and more. Learn about key elements, employer duties, limits, and tips for negotiating and evaluating offers. Ensure you understand the terms, seek professional advice, and navigate the contracting process effectively.

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Guide to Physician Contracts: Essential Legal Tips for New Practitioners

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  1. Contracts for the Beginning Physician Kathleen A. Meyerle Legal Counsel Mayo Clinic

  2. Practice Arrangements • Forms of Practice Arrangements • Employment • Ownership • Independent Contractor • Written agreement • State law

  3. Contracting Basics • Elements • Offer • no contingency • Acceptance • Consideration • Contract limits • Legal counsel

  4. Employer Compensation Benefits Leaves Expenses Liability insurance Facilities and support Physician Scope of services maintain qualifications Work Effort Standards of practice Non-compete agreement Duties

  5. Fixed Incentives Level of effort Practice buy-in cost financing Limitations on Compensation Tax-exempt/For-Profit Employer Anti-kickback Self referral (Stark) Compensation

  6. Benefits • Health/dental Insurance • Disability Insurance • Life Insurance • Pension/profit sharing

  7. Vacation Sick leave Parental leave CME Scheduling -priority Employer approval Administrative (board exams, family emergencies, funerals) Leaves

  8. Dues & memberships Medical/HMO staff fees Journals Travel/CME expenses License fees Equipment purchase Disallowed by law repayment taxes/benefit Expenses Reimbursed

  9. Professional Liability Insurance • Claims made • Occurrence • Tail coverage • sliding scale on payment

  10. Claims Made = Occurrence

  11. Tail Coverage = Occurrence

  12. Facilities and Services “Reasonably needed to perform duties” • Equipment • Facilities • Supplies • Medical and administrative support staff • Books and records • Billing system

  13. Scope of Work • Procedures • Special patient populations • Work effort • call schedule • teaching • research • Licenses, privileges & certifications • Volunteer activities

  14. Non-compete Condition • Employer investment • Courts dislike • Limit as to area and duration • 1-2 years • Reasonable boundaries • Liquidated damages/buy out • Expensive to litigate

  15. Limits on Employer Authority • Standards, policies, record keeping, treatment procedures, and fees to be charged • Autonomy with patient care decisions • Practice of medicine • Autonomy for patient appointments • Business practice

  16. Other Terms • Confidentiality • Business • Patient • Use of Employee’s Name • Term • Termination • voluntary versus involuntary

  17. Notice Severability Waiver of rights Captions Assignability Arbitration Governing law Entire agreement General Provisions

  18. Evaluate the offer Wants/needs Creative Flexible Realistic Negotiate Read the contract Understand it Get professional help Negotiating Tips

  19. Welcome !

  20. http://www.physiciansnews.com/business/604abdo.html http://www.physiciansnews.com/business/506bernick.html http://www.mmaonline.net/default.aspx?tabid=1682

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