Our physician contract attorneys can review your contract, identify the areas that could improve, and assist you in negotiating the best contract possible.
Each Gastroenterologist who requests our assistance receives the following:
- Review of your proposed employment agreement
- Consultation reviewing the contract term by term
- Assistance in negotiating with the employer (if necessary)
Gastroenterology Contract Review Attorney
A thorough contract review can benefit new residents, attending 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.
Important Terms in a Physician Contract
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)
- Compensation
Review of Non-Compete Clauses by a Gastroenterologist 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.
Gastroenterologist Career Tips
As a gastroenterologist, you provide essential services in the diagnosis and treatment of digestive system disorders. Here are some suggestions on how you might enhance your earning potential during your career:
- Specialize Within Your Field: Gastroenterology is a broad field with many sub-specialties. Pursuing further training and certification in areas such as hepatology or advanced endoscopy can allow you to provide more specialized services and potentially command higher fees. Organizations like the American Board of Internal Medicine offer several sub-specialty certifications.
- Expand Your Skillset: Learning new procedures, such as endoscopic retrograde cholangiopancreatography (ERCP) and endoscopic ultrasound (EUS), can increase the scope of your practice and provide additional revenue sources. The American Society for Gastrointestinal Endoscopy (ASGE) offers various training opportunities.
- Join a Large Practice or Health System: Larger practices or health systems often have more negotiating power with insurance companies, which can lead to higher reimbursement rates. Additionally, they may offer more opportunities for on-call pay and bonuses.
- Efficient Practice Management: Streamlining your practice operations can improve productivity and patient throughput, potentially leading to increased earnings. This includes effective scheduling, prompt billing, and efficient use of electronic health records. Resources such as the American Gastroenterological Association (AGA) can provide useful guidance.
- Offer Telemedicine Services: With the rise in telehealth, offering remote consultations can be a convenient way to see more patients, particularly for follow-ups or initial consultations. Platforms like Amwell can help you set up these services.
- Participate in Clinical Trials: Participation in clinical trials can offer another revenue stream while also contributing to the development of new treatments in your field. Websites such as ClinicalTrials.gov list ongoing trials that are recruiting investigators.
- Continuing Medical Education (CME): Regular participation in CME activities can help you stay updated with the latest advancements in your field, potentially enhancing your practice and increasing your earning potential.
It’s important to remember that while income is a significant consideration, it should not compromise the quality of patient care. Balancing income generation with maintaining a high standard of service is key to a successful and fulfilling career in gastroenterology.
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?
Employment Agreement Checklist for Physicians
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?
We also offer contract reviews for Family Medicine Physicians and analysis of General Surgeon Employment Agreements.
Lawyers for Gastroenterology Contract Issues
Coming into a new organization with a favorable contract can put the physician in a positive financial situation for years to come. Before signing the most important contract of your life, contact an experienced Gastroenterologist Contract Attorney for assistance.