Michael A. Cassidy and Adam J. Appleberry co-wrote an article titled “Contracting Essentials for All Physicians, Especially Residents and Fellows”. This article will appear in the Legal Summary section of the August 2023 Allegheny County Medical Society (ACMS) Bulletin. The ACMS Bulletin is the Allegheny County Medical Society’s signature publication which reaches over 2,000 physicians in Southwestern Pennsylvania … Continue Reading
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, … Continue Reading
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, … Continue Reading
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
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
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
PHYSICIANS LEARN THAT CHARITY ENDS AT THE OFFICE Although charity may begin at home, two different physician groups, one on the east coast and one on the west, have learned that charity stops at the office. Tax Deductions For Contributing Good Will In Derby v. Commissioner, TC No. 10930-02, the United States Tax Court rejected … Continue Reading
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 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
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
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
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
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
“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
