What is an MSO Agreement Review?
An MSO (Management Services Organization) agreement is a legal contract between a medical practice and a party (usually called the MSO) who will complete their admin and non-clinical tasks.
For clarity about their working relationship, an MSO agreement must be clear and avoid any vague or confusing terms that could result in disputes.
If you need to review an MSO agreement, read the rest of this article for its key terms and other information to check in the contract, and how hiring a qualified lawyer for an in-depth review can assist you.
What Key Terms Should You Review in an MSO Agreement?
From basic details to work processes, here are some key terms to review in an MSO agreement to ensure clarity:
- Parties. Check that the parties involved in the agreement are clearly defined so that they’re accountable and there’s no confusion over who’s taking on certain obligations.
- Purpose. This section should explain the reason for the MSO agreement to provide context for parties.
- Scope. All services that the MSO must complete should be stated so that there are no misaligned expectations.
- Payments. What compensation the MSO will receive for their work must be included and easy to understand to prevent late payments or payment disputes.
- Non-clinical authority. It’s important to check that the agreement states the MSO doesn’t have the authority to make clinical or medical decisions.
What are Some Tips for Reviewing an MSO Agreement?
When reviewing an MSO agreement, there are some additional things to check so that the contract doesn’t put parties at legal risk. Here’s what to consider.
Check Regulatory Compliance
One of the most important things to check during an MSO agreement review is that all terms in the agreement are legally compliant with the relevant laws and regulations to minimize the risk of disputes.
Verify Decision-Making Authority
One of the most important things to do during a contract review is check that it’s clear which party can make decisions. This reduces the risk of an MSO making decisions, such as those of a medical nature, which haven’t been authorized. Without this part included, it can create challenges or lead to disputes.
Confirm Compensation Terms
The payments that the MSO will receive must be clearly stipulated in the agreement to prevent confusion or ambiguity. Compensation must be determined according to the fair market value of the provided services.
Be Clear about Services
The responsibilities for various services, such as billing, HR, accounting, and others, should be clearly defined so that there’s no confusion over what’s required.
Determine Liability
Check that the MSO agreement covers which party is responsible for any losses, such as those that arise from admin failures or negligence. This must be clear to ensure indemnification and liability clauses are legally solid and protect parties.
Outline Performance Standards
Consider service levels and what will happen if the MSO doesn’t perform well enough to meet them. This will ensure that the services provided are of a high quality and the MSO knows what’s expected of them under the agreement.
Do You Need a Legal Review of Your MSO Agreement?
An MSO agreement should be reviewed by a professional lawyer so that you don’t put yourself at risk of financial or regulatory consequences.
A lawyer can help you in the following ways during the contract review process. They’ll provide:
- Service scope confirmation. A lawyer will outline exactly what admin or other services will be provided by the MSO, including clarification on tasks you might not have considered.
- Correct fee allocation. They’ll review all mention of fees in the agreement, checking how they’re calculated and what they cover for clarity.
- Clinical independence clarity. They’ll revise or clarify provisions that state the MSO is not authorized to make patient-care or medical decisions.
- Responsibility clarification. They’ll check which party handles what tasks under the agreement, such as accounting, billing, and staffing.
- Regulatory compliance. With their strong legal experience, a lawyer will ensure that the agreement terms are aligned with all healthcare and other laws and regulations.
- Patient data safety provisions. They’ll consider how patient data is used, accessed, and stored to minimize the risk of legal disputes.
- Insurance requirements. They’ll confirm that parties have the appropriate insurance coverage required for the working arrangement should something go wrong.
- Post-termination duties. A lawyer will assess what will happen to data, equipment, and records when the working arrangement ends, ensuring parties fulfill all their obligations.
Where to Hire a Lawyer to Review Your MSO Agreement
You might have decided to hire a qualified lawyer to provide an in-depth review of your MSO agreement, but you might not know where to find one. Online legal platforms make the process easy to do from the comfort of your home, and ContractsCounsel is an example of one.
ContractsCounsel is one of the largest online legal marketplaces where you can connect with a curated network of qualified lawyers who have been vetted on the platform.
It’s easy to request that a lawyer on the platform reviews your MSO agreement. Here are the steps to follow:
- Go to the ContractsCounsel marketplace, where it’s totally free to post your request for a legal review of your contract.
- Post a few details of what you need so you can match with suitable lawyers.
- Wait for bids. You’ll receive bids from lawyers on the platform who are ready to assist you with a review of your MSO agreement.
- Review the lawyers’ information. The platform provides extensive information about its lawyers, which you can access. This includes lawyer location, fields of expertise, years of experience, and client ratings for previous projects.
- Select a lawyer to review your MSO agreement for a flat fee.