Medical Contract Drafting Attorney: Healthcare Contract Attorney
Our medical employment contract attorneys can draft your healthcare employees’ contract, customize the contract to tailor to your needs, and will assist you in drafting the best contract possible. A healthcare provider contract should be tailored to meet the unique needs of each health care employer. Our attorneys draft each clause in a contract understanding all implication and concerns of the employer.
What to Expect From our Healthcare Contract Attorney
Each healthcare provider that requests assistance from our attorneys receives:
- Available in all states
- Flat-rate pricing, with no hidden costs for any employer
- Drafting letters and contracts by knowledgeable attorneys
- Phone consultation with one of our attorneys before and after the drafting of the contract, reviewing term by term
- Follow up with our health care law legal counsel as desired
Contracts are a pervasive and obligatory part of nearly all business and legal transactions. Well-drafted contracts help to enumerate the responsibilities of the involved parties, divide liabilities, protect legal rights, and insure future relationship status. While contract drafting and negotiation can be a long and arduous process, proper drafting is a must to ensure that the employer rights are being protected. Healthcare contracts and documents we can assist with:
- Employment Contracts
- Closing Practices Letters
- New Provider Letters
- Moving Locations Letters
- Provider Leaving the Practice Letters
Contract Drafting for Health Care Providers
There is simply too much at risk for an employer to take contract drafting into their own hands without a lawyer. In addition to the specific professional implications, contract terms can significantly impact an employer/ employee relationship, workplace productivity, and patient care. There are many important contract terms and clauses which can present complex and diverse issues for any employer, including:
- Non-compete clauses
- Industry standard time-off
- Termination language
- Term length
- Professional Liability Insurance provisions
- Repayment obligations of the employee
Additionally, obtaining health care lawyers to draft can often times identify the obligations and expectations of each party, and minimize future disputes. The attorneys with Chelle Law have practical experience drafting and reviewing medical contracts for nearly every specialty.
First time employers, New or established small-medium size healthcare practices, can all benefit from a thoroughly drafted employment contract from us. By employing an experienced Arizona attorney for your drafting, you can ensure that you will be able to communicate the expectations of physician’s’ duties and roles, compensation, duration, and benefits. By having a full and complete contract drafted by our Attorneys, you will be in a better position to avoid future litigation or any laps in liability.
The financial benefits gained from having your contract drafted by an experienced healthcare counsel far outweigh the costs associated with litigating damages, or liability from your employee. You are a valuable part of the healthcare system, and you should be treated and respected as such. Chelle Law will personally dedicate time to make sure that you are fully protected and will assist you in the contract process so that your interests are properly protected.
Non-Compete Clauses Under Health Care Law
Most state courts (depending upon the location) find that a non-compete is enforceable if it is reasonable. The general test for reasonableness by a court or arbitrator would be:
- The restraint is not more than required for protecting the employer,
- It does not inflict any untold of hardships to the employer, and
- The restraint is not injurious to the public.
Arizona Contracts Legal Checklist
Employee or physician contracts are all unique. However, nearly all contracts for healthcare providers should contain several essential terms. If these essential terms in the contract are not spelled out in contracts, disputes can arise when there is a disagreement between the parties as to the details of the specific term. For instance, if the doctor is expecting to work Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the Agreement; who prevails?
Spelling out the details of a physician’s job is crucial to avoid contract conflicts during the term of the employment contract. Below is a checklist of essential terms that contracts should contain (and a brief explanation of each term):
- Practice Services Offered: What are the clinical patient care duties? Is there time for review of administrative tasks? How many patients is the physician expected to see?
- Patient Care Schedule: What days and hours per week are employees expected to provide patient care? What is the surgery schedule? Are employees involved in the planning of their schedule?
- Locations: Which facilities will employees be scheduled to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
- Outside Activities: Are employees permitted to pursue moonlighting or locum tenens opportunities? Does a physician need permission from the employer before accepting medicine related positions?
- Disability Insurance: Is disability insurance provided (short-term and long-term)?
- Professional License: Will the practice offer reimbursement for licensing? Will an advisor be provided?
- Practice Call Schedule: How often is the employed physician on call (after hours office call, hospital call (if applicable))?
- Electronic Medical Records (EMR): Will the employer provide training or time to review the system prior to providing care?
- Base Compensation: What is the annual base salary? What is the pay period frequency? Does the base compensation increase over the term of the Agreement? Is there an annual review or quarterly review of compensation?
- Productivity Compensation: If there is productivity compensation; how is it calculated (wRVU, net collections, patient encounters, etc.)? Is there an annual review?
- Practice Benefits Summary: Are standard benefits offered: health, vision, dental, life, retirement, etc.? Who is the advisor of human resource benefits?
- Paid Time Off: How much time off does the job offer? What is the split between vacation, sick days, CME attendance and holidays? Is there a HR guide?
- Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
- Dues and Fees: Which business financial expenses are covered (board licensing, DEA registration, privileging, AMA membership, Board review)?
- Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Agreement is terminated prior to the expiration of the initial term?
- Signing Bonus: Is an employee signing bonus offered? When is it paid? Does the employee have to pay it back if they leave before the initial term is completed? Are student loans paid back? Is there a forgiveness period for student loans?
- Professional Liability Insurance: What type of liability insurance (malpractice) is offered: claims made, occurrence, self-insurance?
- Tail Insurance: If tail insurance is necessary, who is responsible to pay for it when the Agreement is terminated?
- Term: What is the length of the initial term? Does the Agreement automatically renew after the initial term?
- For Cause Termination: What are the grounds for immediate termination for cause? Is a review provided to dispute the termination?
- Without Cause Termination: How much notice is required for either party to terminate the Agreement without case?
- Practice Post Termination Payment Obligations: Will the physician receive production bonuses after the Agreement is terminated?
- Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
- Financial Retirement: Is a financial retirement plan offered?
- Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
- Notice: How is notice given? Via hand delivery, email, US mail, etc.? Does it have to be provided to the employer’s attorney?
- Practice Assignment: Can the Agreement be assigned by the employer?
- Alternative Dispute Resolution: If there is a conflict regarding the contract, will mediation or arbitration process be utilized? What is the standard attorney review process for conflict? Who decides which attorney oversees the process?
Why is it Important to Have an Attorney Experienced in Health Law Draft your Employment Contract?
Hiring a physician with a thorough employee contract can:
- Protect you from gaps in liability
- Create clear expectations in your practice
- Improve patient care
- Improve productivity
Counsel for Employer’s Offering a New Job
Before you hire a health care provider in AZ for your practice and create an employment relationship, turn to the lawyers with Chelle Law (located in Phoenix) for assistance with your health care business needs.