Structuring Physician Separation Agreements: Hospital and Group Practice Perspectives

Drafting Key Provisions to Address Patient Record Ownership, HIPAA, Restrictive Covenants, Compensation and More

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


Conducted on Wednesday, December 10, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide healthcare counsel with a review of critical legal concerns in drafting physician separation agreements in both hospital and group practice settings. The panel will outline approaches to reconcile expectations and obligations of the parties and offer best practices for structuring separation agreements.

Description

Hospitals and practice groups are best served when they address physician separation issues when a physician is hired or joins a practice group. However, counsel to hospitals and practice groups should structure and negotiate a tailored separation agreement with the physician at the time of separation, whether addressed at the outset or not.

While it’s not always possible to negotiate a separation agreement when a physician leaves a practice or employment, a well-planned separation agreement must address patient records, covenants, non-solicitation, non-disparagement, and compensation to ensure a smooth transition.

Hospitals, healthcare practices, other healthcare organizations and physicians should prepare in advance for physician departures and have an exit strategy in place.

Listen as our panel of healthcare attorneys review upfront issues that counsel to hospital and group practices should consider at the onset of the employment relationship. The panel will also examine key considerations with physician separation agreements when doctors are leaving, whether amicably or not, the hospital or group practice and offer strategies for structuring separation agreements.

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Outline

  1. Upfront considerations
    1. Hospitals
    2. Group practices
  2. Legal issues to be addressed in the separation agreement
    1. Payment and/or buyout
    2. Deferred compensation
    3. HIPAA issues
    4. Patient notifications
    5. Restrictive covenants
    6. Non-disclosure of confidential information
    7. Management and/or administrative positions
  3. Structuring separation agreements
    1. Hospital setting
    2. Group practice setting

Benefits

The panel will review these and other key issues:

  • Structuring restrictive covenants in separation agreements to avoid or mitigate courts holding them to be overly broad and unenforceable
  • Identifying and addressing key separation considerations during contract negotiations, including compensation, HIPAA and patient notices
  • Weighing different approaches to address physician separations and tailoring agreements for the organization’s needs

Faculty

Matthew M. Brohm
Matthew M. Brohm

Atty
Arnall Golden Gregory

Mr. Brohm concentrates his practice on advising all types of health care providers on a wide-range of health care...  |  Read More

Caroline J. Patterson, Esq.
Caroline J. Patterson, Esq.

Wade Goldstein Landau & Abruzzo

Ms. Patterson concentrates her practice in the areas of corporate, business, employment, and health care law She...  |  Read More

Andrew B. Roth
Andrew B. Roth

Partner
Fulbright & Jaworski LLP

Mr. Roth counsels clients in connection with corporate compliance and corporate governance, fraud and abuse,...  |  Read More

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