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Recent Answers to Physician Employment Agreement Law Questions

This is the 6 most recent answers out of 12 answers for Physician Employment Agreement

Key terms in physician employment agreements?

Employment

Physician Employment Agreement

North Carolina

I am a physician who is considering a job opportunity at a hospital, and I am in the process of negotiating employment terms. I am interested in understanding the key terms that should be included in a physician employment agreement so that I can make the best decisions for my career.

N'kia N.

Answered Sep 24, 2023

Generally, a physician employment agreement contains most of the same terms as any other employment agreement. However, some of the terms must be tailored to the role. Additionally, the agreement may contain terms that are specific to the physician role. Below are some key terms in physician employment agreements: License and Continuing Education - By law, to be a physician, an individual must obtain a professional license and then must earn continuing education credits to retain the license. Most physician employment agreements address these requirements, including such factors as whether the employer or the employee is responsible for the costs associated with compliance. Privacy and Confidentiality - Physicians have more privacy and confidentiality obligations than the typical employee. For example, a physician must comply with the Health Insurance Portability and Accountability Act ("HIPAA"). Physician employment agreements commonly address standards regarding patients' information, as well as the employers' proprietary information. Special Restrictions - Due to the nature of the physician role, employers might prohibit their physician employees from providing physician services elsewhere ("non-competition agreement"). Also, some might prohibit their physician employees from soliciting patients to receive physician services elsewhere ("non-solicitation agreement").   Special considerations - Further, as applicable, physician employment agreements will detail any special considerations for the role, such as stock options, relative value unit ("RVU") expectations, or volunteering, teaching, or scholarship requirements.

Physician employment agreement non-solicitation clauses?

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Employee Rights

Physician Employment Agreement

Connecticut

I am a physician who is currently in the process of negotiating an employment agreement with a hospital. I am concerned about the non-solicitation clause in the agreement, as I do not want to be restricted from building relationships with my patients should I choose to leave the hospital in the future. I am looking for guidance on how to structure this clause to ensure that I am able to maintain my professional relationships with patients.

Thomas L.

Answered Aug 15, 2023

Non-Competes in Connecticut for physicians are limited to 15 miles and one year. In addition, a non-compete agreement is not enforceable if the employment relationship is terminated by the employer without cause, or the agreement is not made in anticipation of, or as part of, a partnership or ownership agreement. Aks your prospective employer if they are aware of Connecticut law, and in particular Conn. Gen Stat. § 20-14p.

Physician employment agreement voting rights?

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Employee Rights

Physician Employment Agreement

Washington

I am a physician who is currently being offered a position at a hospital and I have been asked to sign an employment agreement. I am interested in understanding my voting rights as a physician under this agreement, as I want to ensure I have a say in decisions that will affect my practice. I am seeking legal advice to ensure I understand the terms of the agreement and what rights it grants me.

Merry K.

Answered Aug 11, 2023

You would be wise to request that an attorney review the proposed employment agreement before you sign. In addition to ensuring that you would have voting rights, there are numerous other terms that should be carefully reviewed, such as non-compete language if and when you leave employment; TRAP language (usually requiring an employee to reimburse the employer if the employee receives training during his or her employment); terms and conditions of employment (such as schedule, work type, and duties); vacation hours; how disputes will be resolved; and, sometimes, future severance.

Can a physician employment agreement be digital?

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Business Contracts

Physician Employment Agreement

North Carolina

I am a physician looking to enter into an employment agreement with a hospital. I am currently in the process of negotiating terms of the agreement, and am considering the possibility of signing a digital version of the agreement. I want to know if this is legally permissible, and if there are any potential risks or considerations associated with signing a digital agreement.

Nicholas M.

Answered Aug 11, 2023

The federal ESIGN Act, passed in 2000, gives full force and effect to digital signatures with the same weight as "wet" signatures. However, you should discuss this with an Attorney for your specific agreement if you are concerned. An Attorney can research your specific industry, regulations, and state statutes that may impact digital signatures or have specific requirements around digital signatures that are different from other documents.

Physician employment agreement confidentiality?

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Employee Rights

Physician Employment Agreement

Texas

I have recently accepted a position as a physician at a new practice and I have been asked to sign an employment agreement. I am interested in understanding what type of confidentiality is required in this agreement, as I do not want to compromise any of the practice's confidential information. I would like to know what the agreement states about confidentiality and what the consequences are for any breach of confidentiality.

Mark D.

Answered Aug 4, 2023

This would require a review of the agreement. The typical cost for such a review is $750 but can cost more depending on the complexity of the issues involved.

Are physician employment agreements required?

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5.0 (3)

Employment

Physician Employment Agreement

Florida

I am a physician who is considering a new job opportunity. I have been presented with an employment agreement, but I am unsure if I am legally obligated to sign it. I am looking for guidance on the legality of physician employment agreements and whether or not I am required to sign one.

Daniel D.

Answered Jul 18, 2023

Physician employment agreements are not required by Law but that does not mean they are not required by the Employer. Employers have these agreements in place to set the terms of the employment regarding salary, length of employment and any other relevant terms that they want the employee to agree to. But, that also means you as the employee could negotiate provisions into the agreement that you want if the employer is willing to put them in. You legally don't have to sign one, but your future employer can still require a signed agreement. Before you sign anything you should make sure you understand the terms and provisions of the agreement.

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