Category Archives: Physicians’ Contracts

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Practical considerations to protect against being ‘out of network’

Practical considerations to protect against being ‘out of network’ The disengagement of Highmark and UPMC is looming on the horizon; most of the hospital participation agreements between these two competing healthcare systems end on December 31, 2014.  There are some hospital agreements that continue, such as those at Children’s and Magee, but the focus of … Continue Reading

AMA Adopts Principles for Physician Employment

n November, 2012, the American Medical Association adopted new guiding principles for physicians entering into employment and contractual arrangements. According to one AMA Board Member, "The Principles for Physician Employment provide a broad framework to help guide physicians and their employers as they collaborate to provide safe, high quality, and cost-effective patient care."… Continue Reading

10 Significant Physician Contracting Mistakes

1.          Failure to Begin with the End in Mind. The most important provisions of your employment contract will be the provisions governing your termination rights, for two reasons. First, if the relationship goes well, chances are the contract will never be read again. However, if there is a dispute, both parties will be reading the contract looking for … Continue Reading

Basic Contract Issues for New Physician Contracts

  INTRODUCTION When physicians have finally completed the medical education journey, many are confronted with a “physician employment contract,” usually from a hospital or medical practice, which could define the essential terms of their professional relationship for many years to come. If the parties live happily ever after, neither may ever read the contract again. However, if … Continue Reading

Physician Contract Issues

PHYSICIAN CONTRACTS & ISSUES INTRODUCTION The structure, purpose and terms of every physician contract are different. The content and style vary with the institutional or private practice nature of the employer and the needs and leverage of the physician.  Following is a list identifying major issues or components. I.          COMPENSATION 1.         Base Compensation. A.         Fair market value … Continue Reading

Orlando Sentinel Reports Hospitals Employing More Physicians

ORLANDO SENTINEL REPORTS HOSPITALS HIRING MORE PHYSICIANS The Orlando Sentinel  published a recent article indicating that hospitals are increasing their direct employment of physicians, citing statistics from national physician recruiters about the increase in recruiting arrangements, and opining that one of the biggest reasons for this national trend is that “physicians are sick of the … Continue Reading

Pursuing Physician Disabilty Claims

PHYSICIAN DISABILITY CLAIMS Physicians are facing increasing opposition from disability insurance carriers regarding claims for “own occupation” disability policies. This scrutiny and opposition is a predictable reaction to the expensive claims, which typically have long payouts including COLA and life-time riders, and the fact that the degree of disability or physical impairment necessary to substantially impede … Continue Reading

Planning Your Return to Private Practice

As published in the September 2007 edition of Bulletin, a publication created by the AlleghenyCounty Medical Society. While medical practice acquisitions continue, some physicians and practices are returning to private practice. These returns are sometimes driven by regional strategies, specialty strategies, or just individual decisions made on a physician-to-physician basis, some voluntary and some involuntary. Although returning … Continue Reading

Physican Cases: Antitrust, Restrictive Covenant & Credentialing

RESTRICTIVE COVENANT UNENFORCEABLE BY SURVIVING SPOUSE  The Virginia Supreme Court ruled that a medical practice corporation, ownership of which had transferred from the deceased sole physician shareholder to his spouse and which was converted to a business corporation by state law, could not enforce a restrictive covenant because it could not practice medicine and had … Continue Reading

Basic Physician Contract Issues for Residents and Fellows

When physicians have finally completed the medical education journey, many are confronted with a "physician employment contract," usually from a hospital or medical practice, which could define the essential terms of their professional relationship for many years to come. If the parties live happily ever after, neither may ever read the contract again. However, if a problem arises, the scramble to find and read the contract begins.… Continue Reading

Whose Patients Are They Anyway?

“These are my patients – how can you stop me from seeing them?” This is a familiar refrain heard when medical practices break up or physicians leave an ongoing practice. Almost everyone knows that nobody “owns” patients and that patients have absolute freedom of choice as to what doctors they choose to see (excluding health … Continue Reading
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