What
are some of the things to decide before I contact my legal counsel to
draft an employment agreement? As an employee presented an
employment agreement, what should I look for?
Below
I have made some comments of points to ponder when drafting an
employment contract. Some of the comments are focused on the
health care professional, however those are obvious and you and your
legal counsel may decide to include some of the thoughts even for those
not in the health care professions. Warning
Solutions
are dependent upon facts & circumstances, law and the
objectives. These elements vary from one time to another, from one
circumstance to another and from person or entity to another
My
Name
Employment
of physician
Employer
Employee
Effective
date
Acceptance
by both parties
During
term physician devote best efforts and perform in a
professional manner
No
professional medical services on patients other than LLC
patients without prior written consent
Physician
representations
Registered,
in good standing, duly licensed under applicable state laws
Membership
on the Medical Staff of agreed upon institution
Has
current controlled substances registrations by the state which
registrations have not been surrendered, suspended, revoked or
restricted in any manner
Has
disclosed and will at all times during the term of the Agreement
promptly disclose to the LLC:
Legal,
regulatory or other proceeding against physician, etc.
Board
certified in LLC service area
Physician
shall render services to patients in a competent, professional
and ethical manner
Shall
use the equipment, instruments and supplies for which they are
intended
Complete
and maintain in a timely manner adequate, legible and proper
medical records, claims and correspondence
Participate
in Medicare, Medicaid, Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS) other federal and state
reimbursement programs and commercial insurance reimbursement
programs HMO, PPO or other programs as determined by the LLC
Abide
by the Article of Organization and Regulations or Operating
Agreement
Physician
shall participate in CME and maintain skills
Physical
shall satisfy all qualifications of insurability of professional
liability policies
Physician
shall furnish proof of insurance upon request
Physician
Responsibilities
Professional
duties
Full-time
professional coverage of patients - on a continuous basis 24
hours per day, 7 days per week, 52 weeks per year.
Physician
shall visit other health care providers locally and in
nearby towns on a routine basis to be set by the LLC
The
LLC shall neither have nor exercise control or direction
over the specific methods by which physician performs services
Physician
shall submit to LLC time or other format of records as the
LLC may require from time to time showing nature of services
Physician
Shall refer all MRI, CT Scan, or other medical imaging to Dr
___________________.
Administrative
Duties
Physician
shall perform administrative duties determined by the LLC to
be reasonable and necessary
Health
Care Mission
Patient
Care Protocols
Reports
Quality
improvement
Medical
Records
Forms
Supervision
of non-medical personnel
Compliance
- Managed Care
Service
on LLC committees
Strategic
planning
Application
of standards
Patients
of LLC
Billing
Right
to Payments
Collections
Accounts
receivable
Physician's
contracts or agreements
Patient
Records
Authority
of Physician
Conflicts
in financial interests or relationships
Outside
activities
Professional
Liability Insurance
_____________________
___________________
LLC
Duties and Authority
Facilities
- ownership, purchase, repayment, recovery by LLC of
startup costs
Real
property
Equipment
Rented
real estate
Rented
personal property
Equipment
Services
Personnel
Indemnification
Physician
rights subsequent to sale or merger
Working
conditions
Compensation,
Amount,
when paid
Bonuses
Incentive
Bonuses
Compensation
during illness
Withholding
benefits
Life
insurance
Health
insurance
Disability
insurance
Pension,
profit sharing, 401K
Cafeteria
Plans
Long
term care
Working
hours
Time
off - vacation, holidays, leave of absence, sabbatical
Termination
Termination
with or without cause
Form
of notice and time for correction
Circumstances
for immediate termination, cancellation of all benefits and
forfeiture of any rights of the physician within this agreement
Arrest
for felony
Conviction
of felony
Plea
of guilty or no contest to a felony charge
Bringing
weapons on the premises of the LLC
Testing
positive of drugs, controlled substance, hallucinatory
chemicals or mood altering chemicals if not under the
direction of an independent physician
DUI
Conviction
or publicity of sex offenses
Sexual
harassment
Threats
to the life or performing life threatening acts on the
premises of the LLC
Suspension,
termination or non-renewal of physician's membership in good
standing on the Medical Staff or admonishment from the State
Board of a Class _____ event for medical services.
Physician's
death, disability or incapacity.
Revocation,
suspension or limitation of physician's license in any
state.
Limitation,
suspension, or revocation of physician's right to prescribe
controlled substances.
Physician's
violation of rules or regulations and policies or procedures
of the LLC
Physician's
inability to practice medicine with reasonable skill and
safety by reason of use of alcohol, drugs, chemicals or any
other type of material
Physician's
inability to work with and relate to others including
patients, or staff
Resignation
of physician must be in writing and must be 180 days advance
notice. LLC may terminate this agreement with 180 days
advance notice in writing.
Effect
of expiration or termination upon accounts receivable.
Termination
remedy does not replace other rights or remedies under state
law.
Expense
accounts
Dues
Travel
Local
Transportation
Moving
Accountable
Plan
Disallowance
by IRS
Relationship
with employee
__________________
Buy-In
provisions
Amount
Timing
Valuations
Repurchase
by LLC
Term
and termination
Non-competition,
confidentiality and no solicitation
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