MSO Agreement: Benefits, Key Features, Legal Compliance

Jump to Section

An MSO (Management Services Organization) provides essential resources and infrastructure that is required to run a healthcare facility, such as marketing, staff training, health analytics, medical equipment, and billing services.

An MSO agreement is a contract signed by an MSO and healthcare provider so that they can become more efficient and ensure their operations run smoothly. It’s a legal document that needs to comply with regulations and rules to ensure it’s legal and correctly structured.

Read the rest of this article to learn more about MSO agreements, such as their benefits, what’s included in this document, considerations when drafting a MSO agreement, and how hiring a lawyer can help you ensure your contract is legally sound and fair.

What are Benefits of Having a MSO Agreement?

Having a MSO agreement is essential to help healthcare providers and MSOs navigate their working relationship and prevent disputes. Here are some of its biggest benefits:

  • Efficiency. Operations can be streamlined when an MSO agreement is comprehensive and solid.
  • Patient care is enhanced. By outlining duties and obligations for both parties, healthcare providers can worry less about the administrative aspects of their work and focus more on providing high-quality patient care.
  • Legal compliance. MSOs provide healthcare providers with strong regulation knowledge and expertise, which can ensure legal compliance for the health provider.

What are Some MSO Agreement Considerations?

Before drafting and signing a MSO agreement, there are some things to consider to ensure its success.

  • Shared goals. The healthcare provider and MSO need to share similar goals so that they will have a smooth, harmonious working relationship outlined in the agreement.
  • Excellent communication. It’s essential for the MSO and healthcare provider to have strong and healthy communication so that they can deliver effective services and deal with any issues as soon as they arise. They’ll also be able to negotiate contract terms.
  • Clarity. The MSO agreement needs to be clear of complicated or unclear language so that it’s transparent for both parties to understand. This makes it easy for parties to know what’s expected of them. A clear agreement improves trust between parties.
  • Due diligence. It’s important for the healthcare provider to research the MSO deeply to understand their reputation and track record. This will make them feel confident to sign the agreement.

What’s Included in a MSO Agreement?

A MSO agreement should include the following key features.

Legal Compliance

MSO agreements need to be aligned with state and federal laws and healthcare regulatory guidelines. These documents need to guide MSOs to ensure that their services aren’t violating any laws. It’s advisable to hire a lawyer to help you draft a legally sound MSO agreement to reduce your legal risks.

On ContractsCounsel, an online legal network that connects clients with vetted lawyers, you’ll easily find a lawyer to assist you in drafting and reviewing your MSO agreement so that it’s clear, fair, and legal.

Ownership

The agreement needs to specify who’s in charge of business operations, bearing in mind that the healthcare provider needs to have autonomy as a clinical provider. The MSO is responsible for all non-clinical duties.

Compensation

The MSO agreement should clearly define all financial and compensation terms so that there are no financial or legal risks. The fee structure needs to be clear and fair to both parties to prevent any reasons for disputes in the future.

Termination

Contract termination can be a common reason for disputes, which is why the agreement needs to state its terms, such as notice periods, to protect parties. If the contract is terminated, there should be processes in place for what happens afterward, such as confidentiality and data protection.

Liability

Should there be any mistakes or negligence on the part of the MSO, the healthcare provider can be held liable. To protect them, the MSO agreement needs to highlight who bears what risk so there are no misunderstandings.

Work Scope

The MSO agreement needs to clarify work duties and scope. For example, MSOs are not responsible for anything related to patient care, such as clinical procedures. By setting this out clearly in the agreement, you can prevent disputes or misunderstandings over roles.

What are Red Flags to Look for and Avoid in MSO Agreements?

When drafting or reviewing an MSO agreement, it’s crucial to note any red flags that can put you at risk. These include the following:

  • Termination reserved for conditions of breach. This prevents the healthcare provider from being able to exit the contract should they feel this is necessary.
  • Broad or unfair non-compete clauses. If there are too many restrictions post termination, this could inhibit the provider’s career goals.
  • Unbalanced risk allocation. This is usually linked to control issues, which can create issues.
  • Vague compliance wording. For example, stating that the parties need to comply with all applicable laws is too general to be enforceable. This also leaves room for misinterpretation.

How Can a Lawyer Help You with a MSO Agreement?

Before you sign a MSO agreement, it’s important to get the document reviewed by an experienced lawyer. This will provide peace of mind that the terms are clear, fair, and legal.

If your contract isn’t reviewed, it’s easy for healthcare providers to find themselves stuck in agreements that cause financial burdens or are not aligned with their goals. For example, if the agreement contains automatic renewal terms, it can be challenging for healthcare providers to legally terminate the contract.

On ContractsCounsel, you can request a review of the contract on the platform. Simply post your request for free and you’ll receive bids from multiple lawyers who are interested in helping you with your project. You’ll get to choose the best one to work with, based on their client reviews, experience, and field of expertise. This makes the process of finding a lawyer stress-free.

A lawyer will clarify vague or misleading terms to ensure the contract is fair to both parties.

They will also help in other ways, such as by:

  • Drafting a MSO agreement from scratch, if required.
  • Helping you ensure your partnership with the MSO is aligned with your vision.
  • Eliminating any red flags or loopholes in contracts or other documents.
  • Minimizing your legal and financial risks.

Are you looking for a lawyer to help you with a MSO agreement?

Hire an experienced, vetted lawyer on ContractsCounsel. You’ll work with a lawyer who has in-depth legal expertise to help you avoid pitfalls and secure a solid working relationship with your MSO.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our MSO Agreement Lawyers

David H. on ContractsCounsel
View David
5.0 (3)
Member Since:
March 10, 2022

David H.

Technology Contract Attorney
Free Consultation
Michigan (virtual practice)
15 Yrs Experience
Licensed in MI
Western Michigan University - Thomas M Cooley Law School

Michigan licensed attorney. A compelling combination of technology, sourcing, sales, and legal experience. Over 20 years in technology positions negotiating technology engagements and contracts. General practice legal experience. Significant IT contracts experience (from IT sourcing/procurement) with the State of Michigan and Zimmer Biomet (Fortune 500). Excellent people, negotiation, and writing skills; keen eye for continuous improvement. Trusted business partner co-leading or supporting cross-functional integrated business/IT projects.

Recent  ContractsCounsel Client  Review:
5.0

"David was great! Went above and beyond what was needed and really gave me a fresh perspective on the contract I needed consulting on."

Michael C. on ContractsCounsel
View Michael
5.0 (1)
Member Since:
March 17, 2022

Michael C.

Managing Member
Free Consultation
Remote
15 Yrs Experience
Licensed in NY, TX
Wake Forest University School of Law

A seasoned senior executive with experience leading the legal and compliance functions of healthcare entities through high-growth periods. I have experience managing voluminous litigation caseloads, while also handling all pre-litigation investigations for employment, healthcare regulatory, and compliance matters. Similarly, I have led multiple M&A teams through purchase and sale processes, including diligence and contract negotiations. Finally, I have extensive contract review experience in all matters, including debt and equity financing, healthcare payor contracting, vendor and employment agreements, as well as service and procurement agreements.

Recent  ContractsCounsel Client  Review:
5.0

"Michael was super knowledgeable and efficient. He was very attentive, helpful and made himself available pursuant to our needs as well. He completed the initial drafts well before the scheduled timeframe. We are very pleased with his work ethic and delivery of this project. He was also very easy to work with. We recommend his legal services without hesitation. Would definitely hire him again!"

Mark D. on ContractsCounsel
View Mark
5.0 (4)
Member Since:
March 15, 2022

Mark D.

Attorney
Free Consultation
Dallas/Houston Texas
31 Yrs Experience
Licensed in CO, TX
Thomas M Cooley Law School

Partnering with business clients to keep their greatest asset - their employees - from becoming their biggest liability. Mark accomplishes this by working with in-house counsel and human resource professionals of several Fortune 50 companies, as well as many smaller public and privately held profit and not for profit organizations, to provide advice and counsel on the day to day employment and workforce practice issues encountered by those organizations. For over fifteen years Mark has been Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is licensed and practices in both Texas and Colorado and has focused his practice for the last 20 plus years on defending companies in employment and labor related matters. During this time Mark has had extensive experience in handling and responding to a wide range of local, state and federal employment issues that impact the management and operations of businesses in a wide range of industries. Mark's experience includes appearances before state and federal agencies and regulatory boards, litigation in both state and federal courts, defense of class actions and appearances before courts of appeal. While Mark regularly handles matters in litigation, he has a high regard for handling every issue with the best interest of the client’s business. Mark is a published author and regular speaks on labor, employment and workplace practice topics. Whether it be an investigation by the Occupational Safety and Health Administration (OSHA), the Wage & Hour division of the U.S. Department of Labor, or other state agency; an Equal Employment Opportunity Commission (EEOC) or state agency charge claiming a violation of local, state or federal employment or labor laws; or the need for direction on a hiring, termination or business operational issue involving employees, Mark has extensive experience in handling these and many other employment and labor issues.

Recent  ContractsCounsel Client  Review:
5.0

"opened by mistake. but i have kept all your contact info and will be in touch for anything we need in the future!"

Rebecca R. on ContractsCounsel
View Rebecca
5.0 (6)
Member Since:
March 16, 2022

Rebecca R.

Attorney
Free Consultation
St. Petersburg, FL/Nashville, TN
25 Yrs Experience
Licensed in FL, TN
University of Tennessee College of Law

Experienced attorneyin leasing, NDA, family law, commercial real estate, immigration and employment . Well versed in internal and external policy document and manual creation.

Recent  ContractsCounsel Client  Review:
5.0

"Quickly understood our requirements and created a customized doc to meet our needs with a fast turnaround... We'd definitely work with Rebecca again!"

Gregory F. on ContractsCounsel
View Gregory
5.0 (7)
Member Since:
March 23, 2022

Gregory F.

Attorney
Free Consultation
Atlanta, Georgia
28 Yrs Experience
Licensed in GA, NY
University of Pennsylvania

Greg Fidlon has been practicing exclusively in employment law since 1998. He represents and advises clients in all aspects of the employment relationship. In addition to his litigation work, Greg regularly negotiates and drafts corporate policy handbooks, employment contracts, separation agreements and restrictive covenants. He also develops and presents training programs and has spoken and written extensively on labor and employment law topics.

Recent  ContractsCounsel Client  Review:
5.0

"The proposal price was very reasonable, and the lawyer promptly scheduled a consultation, and provided sound legal advice."

Benjamin V. on ContractsCounsel
View Benjamin
Member Since:
March 10, 2022

Benjamin V.

Attorney
Free Consultation
Colorado
7 Yrs Experience
Licensed in CO
Columbus School of Law, Catholic University of America

My practice involves counseling businesses and individuals on a variety of contracts, such as business formation, technology/IP, real estate, leases, and even domestic relations agreements. Much of my practice is dedicated to litigation. As such, I approach contract and transactional work from a litigation perspective by advising clients of the risks involved in failing to develop proper contracts. It takes more than knowledge of the law to be a good lawyer. A good lawyer is honest and forthcoming with clients and has a counseling ethos. And, to me, a good lawyer stands in the shoes of the client when considering how to best serve that client. Whether my client is a business or an individual, I am passionate about helping my clients understand their rights, responsibilities, risks, and possibilities.

Joann H. on ContractsCounsel
View Joann
Member Since:
March 23, 2022

Joann H.

Attorney at Law
Free Consultation
Miami
26 Yrs Experience
Licensed in FL, NY
University of Buffalo School of Law; SUNY at Buffalo School of Law

I practiced law for the past 22 years in Immigration, Bankruptcy, Foreclosure, Civil Litigation, and Estate Planning. I am interested in downsizing to a more workable schedule to allow the pursuit of other interests.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Business lawyers by top cities
See All Business Lawyers
MSO Agreement lawyers by city
See All MSO Agreement Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city