The Physician Employment Contract Handbook

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