ContractsCounsel Logo
Home Types of Contracts Physician Contract

Jump to Section

A physician contract is defined as a contract having legality that contains in detail the type of service, including the type of medicine being practiced. This widely includes the varied types of medicine being practiced. The number of hours a physician is expected to work, one's availability, and on-call hours are added to the contract, too. This list of details gives the client a proper idea about the physician. The contract, in general, helps the physician be specific about the types of services he is offering. A physician contract on a large scale displays high soft skills in relation to his working style. Other characteristics included in a physician contract include compensation. A contract can have broadly 2 types of compensation models:

  • Fixed Compensation: Fixed Compensation is defined as a set salary that is not dependent upon a physician’s performance. Often this model is used for new physicians.
  • Variable Compensation: Variable Compensation, on the other hand, is defined as models that use formulas. These formulas determine a physician's salary based on performance. Typically, physicians who are more experienced in their field receive this.

Physician Contracts cover many areas and systematically cater to the client's needs. However, one must ensure that everyone benefits. This would essentially mean that both parties gain equally from collaborating with the other. Therefore, a physician contract, in general, must reflect the client's interests and rights.

Types of Physician Contracts

Each contract has a specific value. Thus, a physician contract too has varied types. These types clearly bring out the varied characteristics contained in the contract. Below are the given types:

  • Employment Relationships: This is one of the most important types of contractual structure found in a physician contract. It meets the elements of both a Stark exception and an Anti-Kickback safe harbor. To satisfy the requirements, an employment arrangement has a lot of characteristics. The following are the given elements:
    • The employment relationship must be of a bonafide category. This is essential for identifiable services.
    • Consistency must be followed with the remuneration amount. This should be done fairly and with fair market value. Furthermore, it should not be determined in a manner that takes account of the volume. It should also not determine the manner of determining the value of referrals generated by the physician. This applies to an immediate family member, too.
    • Under a valid arrangement, the remuneration must be provided. This should be done to make the arrangement commercially reasonable. It must be noted thoroughly that such an arrangement is valid even if null referrals were established in front of the employer.
  • Personal Services Arrangements: This is another common structure that is essential for complying with the Stark and Anti-Kickback statutes. These arrangements on a large scale should have:
    • The arrangement must be in writing and specify the services covered. Make sure you add the services easily. This will ensure people understand it clearly.
    • You must cover all the services which are to be furnished by a physician. This can also apply to an immediate family member of the physician if all arrangements are strongly satisfied. Then, they should be incorporated by reference or based on cross-reference in a master arrangements database.
    • Make a point to ensure that all services provided do not exceed the reasonable ones, including the ones necessary for the setup of a legitimate business purpose. It must solely have a term of at least one year.
    • You must thoroughly ensure that the compensation is set in advance before the payment. The payment is to be made throughout the arrangement. Furthermore, ensure that it is free and does not exceed fair market value. It should also not be determined in a manner that considers the volume or value of referrals.
  • Leases: This is another common arrangement with physicians that involves certain situations. These situations elaborate on hospital leases, which are either space or equipment to refer to certain physicians. The physicians are referred to other parties, which, upon operating, influence referrals. A lease arrangement on a large basis should:
    • You must make sure that the agreement is in writing. A written agreement has a lot more value than a verbal one.
    • Specify and highlight clearly the premises covered or the pieces of equipment to be required.
    • Setting a schedule with reference to the usage of space, equipment, or lease payments must be done. However, make sure that you do it on an advance basis if access to space or equipment is on a limited basis. Booking it early is a hugely profitable venture.
    • Make sure that the arrangement is for no less than a year.
    • Furthermore, ensuring the amount of payments is useful, too. You must advancely set it. Along with this, keep a check on the fair market value. Setting prices based on the value is useful.

Therefore, apart from all the factors mentioned above, these are the varied types of contracts available in a physician agreement. You must ensure that the agreement is in writing. A written document is legally binding and contains all the rules and regulations required by each of the esteemed parties to follow. Therefore, you must ensure holistically that your contracts are in written form. Along with that, added emphasis on recent legal trends is necessary. Since the contract concerns legal regulations, you should connect with an attorney.

Meet some lawyers on our platform

Rhea d.

26 projects on CC
CC verified
View Profile

Pura R.

55 projects on CC
CC verified
View Profile

Ryenne S.

630 projects on CC
CC verified
View Profile

Daehoon P.

199 projects on CC
CC verified
View Profile

Key Terms for Physician Contracts

  • Advance Beneficiary Notice (ABN): A notice a provider gives you before you are treated. This notice gives you the information that Medicare will not pay for the service or treatment. It is given to you before you get treated and solely for you to decide whether to have the treatment. You also decide how to pay for it.
  • Allowed Amount: This amount is determined by your insurance due for a particular service. it is usually less compared to the amount billed by the provider. Furthermore, it is determined by pre-negotiated contracts or regulations. The combined amount that is total paid by you and your insurance to a provider should not exceed the allowed amount.
  • Certification Number: A number stating that your insurance plan has approved your treatment. It is also known as an Authorization Number, Prior Authorization Number, or Treatment Authorization Number.
  • ChampVA: This insurance is linked to military service. It states the cost of some medically necessary procedures and supplies eligible to beneficiaries. ChampVA does not have a network of healthcare providers. Therefore, only eligible members can visit the most authorized providers.
  • CMS 1500 Form: It is a standard paper form used by healthcare professionals. It is also used by suppliers to bill insurance companies.
  • Consent for Treatment: You sign an agreement that permits you to receive medical services or treatment from doctors or hospitals.

Final Thoughts on Physician Contracts

Therefore, you should keep these terms and characteristics in mind while making a physician contract. Make sure you follow all the regulations, thus ensuring both parties openly receive benefits. Personalized tips can be followed, too, but solely based on your attorney's advice. Therefore, rely on recent updates and the advice of your attorney.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, Click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business.


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.


Need help with a Physician Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,002 reviews

Meet some of our Physician Contract Lawyers

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (387)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Daehoon P. on ContractsCounsel
View Daehoon
4.7 (119)
Member Since:
November 26, 2021

Daehoon P.

Corporate Lawyer
Free Consultation
New York, NY
9 Yrs Experience
Licensed in NY
American University Washington College of Law

Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.

Wendy C. on ContractsCounsel
View Wendy
4.9 (33)
Member Since:
January 17, 2023
Morgan S. on ContractsCounsel
View Morgan
5.0 (7)
Member Since:
July 31, 2023

Morgan S.

Attorney
Free Consultation
Austin, Texas
3 Yrs Experience
Licensed in TX, WV
University of Pittsburgh Law School

Corporate Attorney that represents startups, businesses, investors, VC/PE doing business throughout the country. Representing in a range of matters from formation to regulatory compliance to financings to exit. Have a practice that represents both domestic and foreign startups, businesses, and entrepreneurs. Along with VC, Private Equity, and investors.

Joeie S. on ContractsCounsel
View Joeie
Member Since:
July 31, 2023

Joeie S.

Managing Member, The Skelly Law Firm
Free Consultation
Cape Coral, FL
2 Yrs Experience
Licensed in FL
Western Michigan University Thomas Cooley Law School

Attorney Skelly is a midwestern transplant from Iowa. She has been in Florida for the past 11 years. She went to undergrad at Buena Vista University, which is a small liberal arts college in Storm Lake, Iowa. After graduating with her Bachelor's degree in criminal justice, she went on to obtain her Master's degree in criminal justice from Kaplan university, which is now Purdue Global. While attending school full time for her Master’s degree, Attorney Skelly worked full time in social services helping children and their families who were involved in the dependency system. Attorney Skelly has a professional background in child welfare and social services having worked for 18 years in the field. Attorney Skelly always had a lifelong dream of becoming a lawyer and decided to fulfill her goal in May of 2019 by starting law school at Western Michigan University Thomas M. Cooley Law School at their Riverview campus. She did their accelerated program and completed law school in just over two years and graduated magna cum laude with honors. Attorney Skelly also received certificate of merit awards, which means attaining the highest grade in the class in secured transactions, research and writing, and family violence practice. While in law school Attorney Skelly was a teaching assistant to two tenured professors as well as a note taker for those students who had accommodations. She was also awarded the Alumni Association’s Distinguished Student Award. In her legal career, Attorney Skelly started out at the State Attorney’s Office in Fort Myers, FL. She helped prosecute several cases and personally worked as second chair on 9 jury trials and one bench trial. Once Attorney Skelly passed the bar, she worked for a family law firm under a board certified marital and family law practitioner where she gained tremendous knowledge in the area of family law which includes divorce, paternity, child custody/parenting plans, alimony and child support as well as domestic relations issues such as domestic violence injunctions. Attorney Skelly is also certified as a Guardian ad Litem and can serve as a Guardian ad Litem in family court cases. Attorney Skelly is a proud member of the Florida Bar, the Lee County Bar Association, and the American Bar Association.

Daniel W. on ContractsCounsel
View Daniel
Member Since:
July 31, 2023

Daniel W.

Principal Attorney
Free Consultation
Gallup, New Mexico
14 Yrs Experience
Licensed in ID, NM, WA
Seattle University School of Law

In my thirteen years of practice, I've had the opportunity to argue cases in state, federal, and tribal courts; in subjects as diverse as gaming, land tenure, water rights, treaty rights, finance, employment, criminal defense, conflict of laws, and tort (among others). But the real value I brought my clients came through avoiding litigation, fostering relationships, and developing long-term strategies.

Christopher I. on ContractsCounsel
View Christopher
Member Since:
August 1, 2023

Christopher I.

Business Attorney
Free Consultation
Merrillville, Indiana
9 Yrs Experience
Licensed in IN
Indiana University Mauer School of Law

Owner at Irak Law Office in Merrillville, Indiana. Licensed attorney since 2015. Primary focuses include business/corporate law, startup formation, and contract drafting. Love working with small businesses and entrepreneurs.

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

Need help with a Physician Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,002 reviews
Employment lawyers by top cities
See All Employment Lawyers
Physician Contract lawyers by city
See All Physician Contract Lawyers

ContractsCounsel User

Recent Project:
Physician Assistant contract
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Physician Employment Agreement
Page Count: 3
Number of Bids: 2
Bid Range: $400 - $599
User Feedback:
She was extremely thorough, expressed only the facts and non-biased opinions. I would definitely work with her again.

ContractsCounsel User

Recent Project:
Contract review
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Physician Employment Agreement
Page Count: 8
Number of Bids: 4
Bid Range: $400 - $875

Need help with a Physician Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,002 reviews

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