Overview: We will review each of the elements of the physician employment agreement in depth, focusing on the pitfalls and the problems that can develop when the agreement does not clearly define the relationship, and/or when the parties do not fully understand what is being agreed to. Such items as term and termination, termination for cause, duties of the physician, call, non-compete, and compensation are all items that should be clearly set out in the agreement and fully understood by the parties.
Why should you Attend: Formal written contracts establish the legal relationship between the parties,they state the terms and conditions of that relationship and the rights and obligations of each party.They confirm the intentions and relationships of the parties as they enter into this relationship, and they eliminate uncertainties regarding mutual rights, obligations, and relationships. If everything remained as it is at the time the agreement is signed,there would be little need for formal documents.
However,the agreement serves to protect against future disputes.Therefore,it should include as precise language as possible.Ambiguous terms in agreements are of little effect when disputes occur over the meaning of a party's rights or obligations. You should attend to gain an understanding of what should and what should not be in a physician employment agreement.
Areas Covered in the Session:
Understand the language in terms used in Physician employment agreements
Avoid mistakes commonly made by Physicians entering into employment agreements
Understand what to look for when entering into an employment agreement and avoid potential pitfalls
Review the corporate practice of medicine doctrine and will review how it is implemented in several states
Discuss parties to the agreement, focusing on how various party entities, i.e., the individual, corporation, partnership and limited liability company, affect liability under the agreement
Term and termination provisions
Duties of the physician, including employer practice guidelines
Referral to hospital
Compensation arrangements, including a review of caselaw and incentive compensation
Duties of the employer
Recruitment incentives, including income guarantees and forgiveness
Benefits
Non-compete provisions, including a review of caselaw and how non-compete clauses are implemented
Other provisions, including standard provisions found in most employment agreements
Why should you Attend: Formal written contracts establish the legal relationship between the parties,they state the terms and conditions of that relationship and the rights and obligations of each party.They confirm the intentions and relationships of the parties as they enter into this relationship, and they eliminate uncertainties regarding mutual rights, obligations, and relationships. If everything remained as it is at the time the agreement is signed,there would be little need for formal documents.
However,the agreement serves to protect against future disputes.Therefore,it should include as precise language as possible.Ambiguous terms in agreements are of little effect when disputes occur over the meaning of a party's rights or obligations. You should attend to gain an understanding of what should and what should not be in a physician employment agreement.
Areas Covered in the Session:
Understand the language in terms used in Physician employment agreements
Avoid mistakes commonly made by Physicians entering into employment agreements
Understand what to look for when entering into an employment agreement and avoid potential pitfalls
Review the corporate practice of medicine doctrine and will review how it is implemented in several states
Discuss parties to the agreement, focusing on how various party entities, i.e., the individual, corporation, partnership and limited liability company, affect liability under the agreement
Term and termination provisions
Duties of the physician, including employer practice guidelines
Referral to hospital
Compensation arrangements, including a review of caselaw and incentive compensation
Duties of the employer
Recruitment incentives, including income guarantees and forgiveness
Benefits
Non-compete provisions, including a review of caselaw and how non-compete clauses are implemented
Other provisions, including standard provisions found in most employment agreements
Who Should Attend
- Hospital Executives, Particularly CEOs, COOs, CFOs, CNOs,and CMOs
- Physicians
- Physician Practice Managers
