Our emergency medicine contract attorneys can review your contract, identify the areas that could improve, and assist you in negotiating the best emergency medicine contract possible.
Each physician that requests our assistance receives the following:
- Available in any state
- Flat-rate pricing with no hidden costs
- Review of your proposed employment agreement
- Phone consultation with our lawyer, reviewing the agreement term by term
- Follow up with a review of the needed clarifications of the emergency department contract
Physician Contract Agreement Reviews
A thorough contract review can benefit new residents, attending emergency physicians, doctors entering their first employment contract, or established physicians looking for new employment. By employing an experienced attorney for your representation, you can ensure that you will be able to fully understand the extensive and complex wording included in your contract.
By having a complete understanding of agreements, you will be in a better position to decide whether or not you want to enter into the medical contract that will affect your career life for years to come.
Contract reviews will provide general information and specific details about your specialty and location.
Important Terms in an Emergency Health Care Agreement
The present-day conclusion is simple: physicians should only enter into agreements by having the contract reviewed by legal counsel. There is too much at risk for a physician to take medical contract matters into their own hands. In addition to the specific professional implications, terms of medical contracts can significantly impact a physician’s family, lifestyle, and future.
There are many important terms and clauses in medical contracts which can present complex and diverse issues for physicians, including:
- Non-compete clauses
- Inadequate professional liability insurance and tail coverage
- Unfavorable call schedules
- Practice support
- Production Bonuses (RVU, net income, or hybrid structures)
- Not enough paid time off (PTO) or Vacation time
- Biased Termination Provisions (With or Without Cause)
- Continuing Medical Education (CME)
- Dues and Fees (AMA, Health Care Board)
Review of Non-Compete Clauses by an Emergency Medicine Contract Attorney
Most courts 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 to protect the employer,
- It does not inflict any untold hardships on the employer, and
- The restraint is not detrimental to the public.
Emergency Medicine Career Tips
As an emergency medicine specialist, you play a vital role in healthcare, delivering immediate care to patients in critical condition. Here are several strategies you can use to optimize your earnings during your professional career:
- Continuing Education and Certifications: Staying updated with the latest advancements in emergency medicine and getting additional certifications can make you more competitive, leading to better job opportunities and potentially higher earnings. The American Board of Emergency Medicine (ABEM) offers resources to pursue continuing education and maintain board certification.
- Seek out Leadership Roles: Many hospitals offer additional compensation for emergency physicians who take on administrative roles or lead specialized departments, such as toxicology, pediatrics, or trauma. This can be an effective way to increase your income while contributing to the improvement of your department.
- Optimize Shift Scheduling: Many emergency medicine physicians are compensated on an hourly basis. By taking shifts during high-demand times (like nights, weekends, and holidays), you may be eligible for shift differentials, which can increase your income.
- Locum Tenens Work: Picking up locum tenens shifts can be a great way to supplement your income. Websites like LocumTenens.com provide a platform to find such opportunities.
- Consider Rural or Underserved Areas: Hospitals in rural or underserved areas often offer higher compensation to attract emergency medicine physicians. While these positions may come with unique challenges, they can significantly boost your income.
- Engage in Telemedicine: The rise of telemedicine presents an excellent opportunity for emergency medicine specialists to increase their income. Tele-ER services are growing in popularity and can enable you to see more patients in a shorter amount of time.
- Research and Teaching: If you work in an academic medical center, consider getting involved in research or teaching. These endeavors can lead to additional compensation and can be personally and professionally rewarding.
Remember, while income is a crucial consideration, it’s equally important to find balance and job satisfaction in your work. Prioritize your well-being and the quality of care you provide to your patients.
Employee or physician contracts are all unique. However, nearly all healthcare contracts for healthcare providers should contain several essential terms. If these contracts do not spell out the critical terms, disputes can arise when there is a disagreement between parties regarding the details of the specific term. For instance, if the doctor is expecting to work Monday through Thursday and the employer thinks it’s Monday through Friday. Still, the particular workdays are absent from the contract—who prevails?
Health Care Contracting Checklist
Spelling out the details of a physician’s job is crucial to avoid healthcare contract conflicts during the employment contract term.
Below is a checklist of important terms that contracts should contain (and a brief explanation of each term generally discussed in negotiations):
- Practice Services Offered: What is the clinical patient care duties? Is there time for a review of administrative tasks? How many patients is the physician expected to see?
- Patient Care Schedule: What days and hours are employees expected to provide patient care per week? What is the surgery schedule? Are employees involved in the planning of their schedules?
- Locations: Which facilities will the employer schedule the employees 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, ASC, hospital call (if applicable))?
- Electronic Medical Records (EMR): Will the employer provide training resources or time to review the system before delivering 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 a yearly review or quarterly review of compensation? Is there a group management relationship?
- 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 an HR guide?
- Continuing Medical Education (CME): What is the annual allowance for CME expenses, and how much time off do they offer?
- Dues and Fees: Which business financial expenses are covered (board licensing, DEA registration, privileging, ASA membership, Board review)?
- Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the contract is terminated before 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 they complete the initial term? Are student loans paid back? Is there a forgiveness period for student loans?
- Professional Liability Insurance: What type of liability insurance (malpractice) the employer offers: claims made, occurrence, self-insurance? License and litigation defense? Can you negotiate tail?
- Tail Insurance: If tail insurance is necessary, who pays 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? Is a review provided to dispute the termination?
- Without Cause Termination: How much notice is required for either party to terminate the agreement without cause?
- Practice Post-Termination Payment Obligations: Will the physician receive production bonuses after the agreement terminates?
- 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, clients, patients, and business associates?
- Notice: How is the notice given? Via hand delivery, email, US mail, etc.? Does it have to be provided to the employer’s attorney?
- Practice Assignment: Can the employer assign the agreement? Will the healthcare agreement require ongoing compliance with a new employer?
- Alternative Dispute Resolution: If there is a conflict regarding the contract, will mediation or arbitration be utilized? What is the standard attorney review process for disputes? Who decides which attorney oversees the process?
Contract Lawyer for Emergency Medicine
Coming into a new organization with a favorable contract can put the physician in a positive financial situation for years to come. Before you sign the most important contract of your life, turn to an experienced emergency medicine contract attorney and contact the health law practice at Chelle Law today.