Physician Recruitment and Employment Agreements: Structuring Key Provisions

Avoiding Stark Law and AKS Violations, Overcoming Restrictive Covenant Enforceability Challenges, Anticipating Other Legal Pitfalls

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 17, 2015

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide healthcare counsel with a review of key considerations when drafting physician recruitment and employment agreements to meet the expectations and obligations of the parties and to ensure compliance with applicable laws and regulations.

Description

Physician recruitment agreements, commonly used to attract physicians to a service area, offer a number of benefits to existing medical practices. However, failure to consider several key issues when drafting and negotiating the agreements may lead to adverse results. In the current highly competitive marketplace and with a focus on cost-cutting, recruitment and contracting with physicians is significantly impacted.

Physician employment agreements with a hospital or medical practice establish the expectations and obligations of the parties with regard to the terms of employment. When drafting employment agreements, counsel should pay close attention to restrictive covenant and termination provisions, among other key terms.

Counsel for hospitals, medical practices and physicians negotiating and drafting physician recruitment and employment agreements must anticipate potential areas of dispute, including enforceability challenges, and take steps to minimize potential liability concerns under the Stark Law and anti-kickback laws.

Listen as our authoritative panel of healthcare attorneys discusses best practices for negotiating and drafting recruitment and employment agreements on behalf of physicians, practice groups or hospitals. The panel will explain key provisions and potential pitfalls in both types of agreements.

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Outline

  1. Drafting effective recruitment agreements
    1. Income and costs to be paid by the hospital
    2. Practice restrictions on physicians
    3. Repayment provisions
    4. Stark Law and anti-kickback considerations
  2. Drafting physician employment contracts and ancillary agreements
    1. Duties and responsibilities
    2. Autonomy
    3. Terms and termination
    4. Compensation/benefits
    5. Incentive pitfalls to avoid
    6. Restrictive covenants
    7. Ownership and access to medical records
    8. Malpractice insurance and tail coverage
  3. Interplay between recruitment agreements and employment agreements

Benefits

The panel will review these and other key questions:

  • How can recruitment agreements be drafted to ensure compliance with federal and state laws and regulations?
  • How can restrictive covenants in employment agreements be structured to avoid being struck down as overly broad and unenforceable?
  • What are the most commonly disputed issues during contract negotiations and what are some effective approaches for resolving them?

Faculty

Ericka L. Adler
Ericka L. Adler

Partner
Kamensky Rubinstein Hochman & Delott

Ms. Adler focuses her practice in the area of regulatory and transactional health care. She represents health care...  |  Read More

Lucia Francesca Bruno
Lucia Francesca Bruno

Principal Shareholder
Physicians’ Legal Group

Ms. Bruno has extensive experience in physician and healthcare practice management matters, physician employment...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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