21. Negotiating Employment and Professional Services Agreements: Issues and Tips for Hospitals and Physicians (PHS2021 Single Session)
Negotiating Employment and Professional Services Agreements: Issues and Tips for Hospitals and Physicians (2021 Physicians Program Single Session)
Rachel Gilbert, Catherine Kirkland, and Margaret Elizabeth Player
- Common issues that arise when hospitals and physicians negotiate employment or professional services agreements. Three points of view will be provided on the various topics: Outside counsel for the hospital, in-house counsel for the hospital, and counsel for the physician(s)
- General legal and regulatory requirements governing these transactions, including Stark and Anti-Kickback. Insight on developing creative solutions within the legal/regulatory framework, and assessing which issues are most important to advancing the clients’ needs and creating a sustainable relationship
- Specific topics and real world examples will address:
- Benefits and risks of various compensation models
- Issues to consider when there are multiple agreements among the parties, such as office space leases, medical directorships, on-call coverage agreements, etc.
- Issues to consider when negotiating exclusive provider clauses or non-competes
- Issues related to contract and relationship maintenance after an agreement is executed, such as subsequent amendments, renewals, monitoring of the parties’ obligations, and resolving disputes
AHLA would like to thank Pinnacle for sponsoring this CLE-eProgram session.