Nurse Practitioner Contract Attorney
Chelle Law provides Nurse Practitioner Contract Attorney services for nurse practitioners entertaining a new job or renegotiating an existing nurse practitioner contract. You have worked hard to develop your skills and deserve to advance in your professional career with a fair-market-value employment agreement.
So, when you are about to enter into a nurse practitioner employment contract, getting a nurse practitioner contract review before signing with a new business is vitally important. The terms of the nurse practitioner contract will impact your practice and everyday life.
I needed review of a medical employment contract. Rob Chelle and his staff responded quickly and within a week, I had my contract reviewed and a personal phone call with Rob. He was very accommodating and addressed all my questions/concerns. He even took the time to explain some of the specific legal verbiage. After our discussion, he sent an outline of our discussion points that I can take straight to my employer. I would strongly recommend!
Attorney Robert Chelle can review your contract’s content, identify the areas that could improve, and assist you in negotiating the best nurse practitioner contract possible. Each nurse practitioner that requests Mr. Robert Chelle’s assistance receives:
- Available for review in any state
- Flat-rate pricing, with no hidden financial costs for the review of the NP contract
- Lawyer review of your proposed NP contract or contracts
- Phone consultation reviews, analyzing the contract term by term
- Follow up with a review of the needed clarifications for the contract
Private Group or Hospital Employer?
These touchstones are even more crucial when applying their roles to the case of a nurse practitioner employed by a hospital, medical group, or other health care provider. The present-day conclusion is simple: A nurse practitioner should not sign contracts without having the contract’s content reviewed by legal counsel.
For instance, is it AANP compatible, lawyer litigation responsibilities, health law terms, healthcare malpractice protection, management structure, etc.? Common questions include:
- Can Nurse Practitioners Make 200K?
- How Do You Negotiate a Contract for a Nurse Practitioner Job?
- What Are Popular Job Titles Related to Contract Nurse Practitioner Jobs?
- What Cities are Hiring for Contract Nurse Practitioner Jobs?
- What Should be Included in a Nurse Practitioner Contract?
Nurse Practitioners Practice Agreement Checklist
Every nurse practitioner’s employment contract is unique. However, nearly every nurse practitioner contract for health care professionals should contain several essential terms.
If the employment contract does not spell out these essential terms, disputes can arise when there is a disagreement between the employer and employee as to the details of the specific term.
For instance, if the NP expects to work at the practice Monday through Thursday, the employer expects him to work Monday through Friday. And the specific workdays are absent from the contract. Who prevails? Spelling out the details of your job is crucial to avoid conflicts during the term of your employment.
Below is a checklist of essential terms that employment contracts should contain (and a brief explanation of each term):
- Services Offered: What are your patient care duties? Are providers given time for administrative or planning tasks?
- Patient Care Schedule: What days and hours per week are providers expected to provide care?
- Locations: Which facilities will they schedule you to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
- Outside Activities: Are you permitted to pursue moonlighting or locum tenens opportunities? Do you need permission from the employer before you accept those positions?
- Nurse Practitioner Oversight: If they need nurse practitioner oversight due to state law, who will be the supervising nurse practitioner?
- Call Schedule: How often are you on call (after-hours office call, hospital call (if applicable)?
- Electronic Medical Records (EMR): What EMR system will they use? Will providers receive training before 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?
- Productivity Compensation: If there is productivity compensation, how is it calculated (wRVU, net collections, encounters, etc.)?
- Benefits Summary: Are standard benefits offered: healthcare, vision, dental, life, disability, retirement, etc.?
- Paid Time Off: How much time off do they offer? What is the split between vacation, sick days, CME attendance, and holidays?
- Continuing Medical Education (CME): What is the annual allowance for CME expenses, and how much time off are they offering?
- Dues and Fees: Which business expenses do they cover in the contract (licensing, DEA registration, privileging)?
- Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Agreement terminates before the expiration of the initial term?
- Signing Bonus: Is a signing bonus offered? When is it paid?
- Professional Liability Insurance: What professional liability insurance do they offer: claims made, occurrence, self-insurance?
- Tail Insurance: If tail insurance is necessary, who will pay for it when the Agreement terminates?
- 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 in the Agreement for providers?
- Without Cause Termination: How much notice is required for either party to terminate the Agreement without cause?
- Post-Termination Payment Obligations: Will you receive production bonuses after the Agreement terminates?
- Non-Compete: How long does the non-compete last, and what is the prohibited geographic scope?
- Non-Solicitation: How long does it last, and does it cover employees, patients, and business associates?
- Notice: How is notice given in the contract? Contact via email, US mail, etc.? Does the provider have to notify the practice and their lawyer?
- Assignment: Can the employer assign the Agreement?
- Alternative Dispute Resolution: If there is a conflict, will mediation or arbitration process be utilized? Who decides what attorney oversees the process? What litigation is allowed? Who is responsible for attorney’s fees?
Breaking a Nurse Practitioner Contract with a Non-Compete
Before, people considered non-compete agreements as restraints of trade and thus were invalid on the grounds of public policy at common law. However, businesses upheld many restrictions of trade incident to employment agreements based on the rule of reason. Thus, restrictive covenants about not competing after the termination of employment are generally enforceable as long as it is reasonable.
However, there are a few states which prohibit healthcare provider non-compete agreements. Please check your state laws for nurse practitioner non-compete agreements to see the specific rules for your state.
The general test for reasonableness of a non-competition clause holds that on termination of employment, consider a covenant that restrains an employee from competing with his former employer as reasonable if:
- 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.
Reasonableness of NP Non-Compete
For instance, a non-competition clause in Ohio was unreasonable when people noted that a provider’s sub-specialty was uncommon. And that it would be harsh if the employer enforced the restrictive covenant, as the hospital where they precluded him from practicing was only one of the few institutions in the area where he could practice his specialty.
Thus, in Ohio, covenants restraining providers from competing with their employer on termination of employment are considered unreasonable if:
- It inflicts untold hardship on the nurse practitioner.
- It is harmful to the public.
- The demand for the NP’s medical expertise is vital for the community people, and
- If the services are essential for public health, care, and treatment.
However, non-competition clauses for nurse practitioners, in general, are enforceable as long as they protect some of the employer’s legitimate interests.
NP Contract Salary Dangers
Nurse practitioners face many risks when they take contract matters into their own hands.
Contract terms are highly negotiable and significantly impact professional life, lifestyle, family, and the future.
There are many essential contract terms and clauses which can present new complex and diverse issues for any NP, including:
- Unfavorable call schedules
- Small Production Bonuses
- Lack of Benefits
- Not enough paid-time-off
- Not enough vacation time
- Unfair Non-Compete
- Inadequate professional liability coverage
NP Contract Lawyer
When an experienced attorney reviews your contract, you will find that great financial benefits outweigh the cost of the review. If you need assistance with an employment agreement or contract review, schedule an NP Contract Review with Chelle Law today!
Nurse Practitioner Employment Statistics
2022 Nursing Employment Statistics (United States) including, the best healthcare jobs list, how many NPs there are, job growth, top places hiring, and more. Find out the latest employment statistics.