Todd The Physician Employment Contract Handbook, Second Edition:

A Guide to Structuring Equitable Arrangements
2. Auflage 2012
ISBN: 978-1-4398-9540-5
Verlag: Taylor & Francis
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 207 Seiten

No matter which way you look at it, whether you own your own practice, become a part of a large physician group, or become an employee of a hospital, you will be signing an employment contract of some sort. Revised and updated, The Physician Employment Contract Handbook, Second Edition: A Guide to Structuring Equitable Arrangements provides sample physician employment contracts and explains how each contract works.

The new edition includes increased information on the latest managed care entities and a review of basic concepts in fraud and abuse, corporate practice of medicine, and antitrust concerns. The author discusses the various legal and compliance issues related to physician employment, such as anti-self referral and anti-kickback issues, and examines how to resolve disputes through arbitration or mediation. The author also outlines the pros and cons of various partnership arrangements.

After you have finished this book, you will be able to ask meaningful questions of legal and accounting counsel, do a preliminary review and analysis of the agreement offered, and even compare a prospective employer’s contract to other standard agreements without endangering confidentiality agreements. You will be able to design standard text, saving time and money on legal fees by having counsel review and add the final touches to contract drafts instead of starting from scratch. With proper planning and a clear understanding of both short- and long-term objectives, you can move into the future and take advantage of opportunities in the current healthcare revolution.

Zielgruppe

Senior managers involved in business development and strategy for hospitals and health systems; CEO, COO, CFOs and other senior level managers in finance and operations; VPs and directors of managed care development; VPs and directors of physician relations; physician executives and leaders in hospitals and health systems; physician executives in medical groups; consultants and lawyers who specialize in healthcare management and contracting.

Autoren/Hrsg.

Todd, Maria K.

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Management
• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Medizin, Gesundheitswesen Gesundheitssystem, Gesundheitswesen

Inhaltsverzeichnis

OPPORTUNITIES AND OPTIONS
Occupational Options for Physicians
Managed Care Implications
Hospital-Owned MSO
Group Practice without Walls/Clinic without Walls
Open Physician Hospital Organization
Closed Physician Hospital Organization
Physician Practice Management Arrangement
Equity Management Services Organization
Foundation Model
Staff Model
Conclusion
Working with Search Firms
Re-Employment Issues
Do's
Don'ts
The Physician Recruitment Process
The Screening Process
The Interview Process
Recruiting Foreign Physicians from U.S. Residency Programs
Submitting Your CV to Search Firms
Using a Physician Recruiter - a Checklist
Negotiating a Contract with an Employer
Work Restrictions
Introduction to the Group Practice Environment
Setting Your Expectations

LEGAL ASPECTS OF PHYSICIAN EMPLOYMENT
Medicare/Medicaid Anti-Kickback Concerns
Fraud and Abuse Issues
Problems with Fraud Control
Laws Governing Healthcare Fraud
False Claims
Causing the Submission of a False Claim
Damages Under the False Claims Act
Qui Tam Provisions of the False Claims Act
Antitrust Concerns for Physicians
The Purpose of the Antitrust Laws
Antitrust Laws in General
Antitrust Enforcement
Conspiracy in Restraint of Trade
Medicare Physician Incentive Plan Requirements
Physician Incentive Plan Regulation Questions and Answers
Substantial Financial Risk
Questions and Answers
Stop-Loss Production
Disclosure
Miscellaneous
Glossy
Corporate Practice of Medicine
Contract Law Basics
Parol Evidence and Incorporation of Exhibits and Attachments
Specified Services
Standards of Care
Exclusion of Other Statements
Contract of Record
Express of Implied Contracts
Quasi Contracts
Definiteness
Other Types of Contracts
Termination of an Offer
Duress Issues
Interpretation of Contracts
Assignments
Delegation of Duties
Discharge of Contracts
Bankruptcy
Breach of Contract
Liquidated Damages
A Checklist for Managed Care Agreements
Key Phrases to Raise Red Flags - how to respond
Alternative Dispute Resolution
Who Are the Neutrals?
Who Uses Alternative Dispute Resolution?
Arbitration and Mediation
Stages of an Arbitration
Arbitration and the Law
Advantages of ADR
Speed
Choice and Expertise of Impartial Neutrals
Informality and Flexibility
Privacy
Economy
Finality
Mediation
Types of Disputes Resolved by Mediation
The Neutrals
Scheduling a Mediation
Stages of Mediation
Administrative Fees
Deposits
Refunds
Typical Dispute Resolution language in Employment Agreements
Glossary of Dispute Resolution Terms
Physician Employment Contracts
Compensation and Benefits
Other Major Considerations
General Contract Terms
The Real Key to Success
Section Three - Managed Care
Managed Care Participation for the Newcomer
Health Maintenance Organizations
HMO Premium Rate Setting
HMO Models
HMO Provider Contracts
Point-of-Service Products in HMOs
Transferring Risk to Providers in the HMO Setting
Preferred Provider Organizations
Silent PPOs
Exclusive Provider Organizations
Independent Practice Associations
Physician Hospital Organizations
Management Services Organizations

EMPLOYMENT ARRANGEMENTS
Employed Physicians in the Hospital Sponsored Practice
What to Expect from the Contractor
Compensation
Grievances
Non-Compete Clauses
Full Partnership Arrangements
Duration of Partnership
Partner Disability Benefits
Medical Director Positions

EXAMPLES OF PHYSICIAN EMPLOYMENT CONTRACTS
Appendix 1 - Full Partnership Agreement
Appendix 2 - Hospital Affiliated Practice/Physician Practice Management (NonEquity)
Appendix 3 - Full-time Faculty Member - University Medical Corporation
Appendix 4 - Independent Contractor Agreement
Appendix 5 - Medical Director Employment Agreement
Appendix 6 - Group Practice Staff Physician Agreement
Appendix 7 - Managed Care and Other Related Case Law

Über Autor(innen)

Maria K. Todd, PhD, is the CEO of HealthPro Consulting, Inc., the Executive Director of The Health Reimbursement Institute, and a Managing Partner with Global Health Sources, LLC.