Healthcare Employment Agreements: Key Provisions, Compliance Considerations, Certification
Stark and AKS, Credentialing and Privileging, Noncompete Provisions, Payment Challenges

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Health
- event Date
Thursday, April 20, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will guide healthcare counsel on the key aspects and provisions common to healthcare employment agreements. The panel will address noncompete provisions, compliance considerations, and payment issues. The panel will offer best practices for structuring healthcare employment agreements.
Faculty

Ms. Shulman negotiates executive employment, compensation, change-in-control, secondment, and other employment-related contracts, counsels employees involved in workplace disputes, and litigates employment law claims. She assists professionals in transactions and disputes in a wide range of industries, including financial services, media, healthcare, and biotechnology, among others. In the healthcare industry, Ms. Shulman frequently represents physicians in the evolution of their careers from employment contract, to practice and hospital transitions, and to biotech consulting. She is a Council Member (Union & Employee) of the American Bar Association’s Section of Labor & Employment Law (LEL) and a Co-Chair of the Contracts and Executive Compensation Subcommittee of LEL’s Employment Rights and Responsibilities Committee.

Mr. Hirsch focuses his practice on commercial and business litigation, representing a wide variety of clients ranging from individuals to small business owners to large corporations. He has a particular focus on investment disputes and business fraud claims and has represented investors and investment companies as plaintiffs and defendants in lawsuits around the country. Mr. Hirsch regularly writes and presents on current issues relating to business fraud. He also has extensive experience litigating contract disputes and has argued and tried multi-million dollar contract issues before judges and juries nationwide. Mr. Hirsch also has experience in advising clients in employment disputes relating to matters such as separation, severance, non-solicitation, and noncompete agreements.

Ms. Davino handles a broad spectrum of healthcare matters, including transactional, compliance, contractual, corporate, regulatory, governance, managed care/payer (including value-based arrangements) and risk management issues. Her clients include hospitals, physicians and physician groups, startup companies, FQHCs, home care agencies, pharmacies, laboratories, agencies for the developmentally disabled, care management companies, billing companies, nonprofit companies, health care IT vendors, telehealth providers, concierge medicine providers, alternative medicine entities, and a variety of other providers and entities in the healthcare space. Ms. Davino handles joint ventures, sales and acquisitions of practices and companies; formation of new entities and practices; structuring arrangements and relationships between healthcare entities; telehealth; bylaws and governance matters; physician-hospital contracts; affiliation and/or service contracts; employment agreements; managed care issues; IT contracts and issues; regulatory compliance; HIPAA; medical staff affairs; captive PCs and faculty practices; separation agreements; ambulatory surgery center joint ventures; CARES Act issues, and physician disciplinary matters.
Description
More and more physicians and other healthcare practitioners are entering into employment agreements with their employers, whether hospitals, clinics, or private practices. When drafting employment agreements, counsel should pay attention to restrictive covenants and termination provisions, among other key terms.
Further, healthcare providers must fully comply with relevant laws and anticipate potential areas of dispute, including concerns under the Stark Law. Additionally, counsel must consider board certification, credentialing, and privileging when structuring the agreement, as they can impact the salary and timing of the contract.
The recent FTC proposed ban on noncompete agreements will affect healthcare if it goes forward and states have been increasingly regulating non-competition restrictions. It will be important for the healthcare industry to carefully watch what happens with this proposed ban.
Listen as our authoritative panel of healthcare attorneys examines the essential aspects, clauses, and terms common to healthcare employment agreements. The panel will address noncompete provisions, compliance considerations, and payment issues. The panel will offer best practices for structuring healthcare employment agreements.
Outline
- Key provisions
- Compliance considerations
- Stark
- AKS
- Payment issues
- FTC proposed ban on noncompetes
- Best practices for structuring agreements
Benefits
The panel will review these and other key issues:
- What are the regulatory challenges facing healthcare providers and medical practices in employment contracts?
- What are the issues for physician and employer counsel when addressing restrictive covenants in employment?
- What are the most commonly disputed issues during contract negotiations and practical approaches for resolving them?
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