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Contracts for the Beginning Physician

Contracts for the Beginning Physician . Kathleen A. Meyerle Legal Counsel Mayo Clinic. Practice Arrangements. Forms of Practice Arrangements Employment Ownership Independent Contractor Written agreement State law. Contracting Basics. Elements Offer no contingency Acceptance

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Contracts for the Beginning Physician

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  1. Contracts for the Beginning Physician Kathleen A. Meyerle Legal Counsel Mayo Clinic

  2. Practice Arrangements • Forms of Practice Arrangements • Employment • Ownership • Independent Contractor • Written agreement • State law

  3. Contracting Basics • Elements • Offer • no contingency • Acceptance • Consideration • Contract limits • Legal counsel

  4. Employer Compensation Benefits Leaves Expenses Liability insurance Facilities and support Physician Scope of services maintain qualifications Work Effort Standards of practice Non-compete agreement Duties

  5. Fixed Incentives Level of effort Practice buy-in cost financing Limitations on Compensation Tax-exempt/For-Profit Employer Anti-kickback Self referral (Stark) Compensation

  6. Benefits • Health/dental Insurance • Disability Insurance • Life Insurance • Pension/profit sharing

  7. Vacation Sick leave Parental leave CME Scheduling -priority Employer approval Administrative (board exams, family emergencies, funerals) Leaves

  8. Dues & memberships Medical/HMO staff fees Journals Travel/CME expenses License fees Equipment purchase Disallowed by law repayment taxes/benefit Expenses Reimbursed

  9. Professional Liability Insurance • Claims made • Occurrence • Tail coverage • sliding scale on payment

  10. Claims Made = Occurrence

  11. Tail Coverage = Occurrence

  12. Facilities and Services “Reasonably needed to perform duties” • Equipment • Facilities • Supplies • Medical and administrative support staff • Books and records • Billing system

  13. Scope of Work • Procedures • Special patient populations • Work effort • call schedule • teaching • research • Licenses, privileges & certifications • Volunteer activities

  14. Non-compete Condition • Employer investment • Courts dislike • Limit as to area and duration • 1-2 years • Reasonable boundaries • Liquidated damages/buy out • Expensive to litigate

  15. Limits on Employer Authority • Standards, policies, record keeping, treatment procedures, and fees to be charged • Autonomy with patient care decisions • Practice of medicine • Autonomy for patient appointments • Business practice

  16. Other Terms • Confidentiality • Business • Patient • Use of Employee’s Name • Term • Termination • voluntary versus involuntary

  17. Notice Severability Waiver of rights Captions Assignability Arbitration Governing law Entire agreement General Provisions

  18. Evaluate the offer Wants/needs Creative Flexible Realistic Negotiate Read the contract Understand it Get professional help Negotiating Tips

  19. Welcome !

  20. http://www.physiciansnews.com/business/604abdo.html http://www.physiciansnews.com/business/506bernick.html http://www.mmaonline.net/default.aspx?tabid=1682

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