Physician 2013 - Physician Recruiting Agreements: Items to Consider

Overview: We will review the various elements of the physician recruiting agreement and the income guarantee agreement, 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, payback, forgiveness, are all items that should be clearly set out in the agreement and fully understood by the parties.
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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. What does an income guarantee mean and what obligations does it impose on the parties. What are the implications of these agreements and how do they stand up under the requirements of Stark and the Anti-Kickback statute?
You should attend to gain an understanding of what should and what should not be in a physician recruiting agreement.
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Areas Covered in the Session:
Groups as a party to the agreement
Term and termination
Termination for Cause
Income guarantees
Payback
Covenant not to compete
Duties of the physician
Breach by the hospital
Referral to hospital
Promises made by the hospital
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Who Will Benefit:
Physicians
Healthcare executives
Physician practice managers
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William Mack Copeland MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics.
Copeland is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations and is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.
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