Conference Materials (Password Required)

One of the first contracts physicians are likely to encounter in their career will be an employment agreement (or similar document). It will not possibly be their last encounter with an agreement of this type. The business terms of most employment contracts include primary duties and responsibilities, compensation, the term, and whether the relationship will be as employer/employee or/an independent contract arrangement. Depending on the arrangement, the parties may choose to use a form document. This may suffice for a first job out of residency and less complicated arrangements. And, you may not negotiate many of the terms (those which parties call “standard” terms), but you should certainly review the contract and understand it. Even if not heavily negotiated, you still need to know such things as the term length, whether it renews with notice or automatically without notice, how to give notice, how to declare a default, and remedies for default.

It is very important for physicians to know and understand employment agreements since everyone has points that are important to their unique situation and should be included in their contract. In this seminar, attorney Eric Boughman addresses the fundamentals of agreements, including types of agreements and negotiation considerations. Our focus will be on the employment agreement, its structure and terminology, definitions, obligations, duties, and responsibilities.

In discussing the compensation and benefits, Eric will review the different methods of compensation used by the organizations depending on their size and policies, and the relevance of reviewing this section carefully to ensure that it aligns with expectations. We will also learn about additional benefits, due to the fact that many professionals place great value on personal time, freedom, flexibility, and other lifestyle benefits. Beyond regular compensation, there are several ways to increase the value of the benefits package.

Since compensation for healthcare services – particularly where referrals are involved – is more heavily regulated for physicians than other professionals, Eric will go through compliance with law and regulation. Attendees will learn insight about The Anti-Kickback Statute, Self-Referral (Stark), False Claims Act, Tax Exempt Issues and Fair Market Value Concerns. Eric will explain the prohibitions and patterns of practice that can run afoul of the laws.

It generally breaks down into two primary types: claims-made and occurrence-based. Attendees will learn the difference and how these insurance work.

Learning Objective:

• Knowing the types of agreements
• Understanding the negotiation considerations
• Identifying the agreement structure and terminology
• Understanding obligations, duties, and responsibilities
• Understanding outside activities
• Understanding compensation and benefits
• Knowing compliance and law regulations – The Anti-Kickback Statute, Self-Referral (Stark), False Claims Act, Tax Exempt Issues and Fair Market Value Concerns
• Understanding tax-exempt issues and fair market value concerns
• Identifying Professional liability insurance
• Understanding Proprietary Rights / Intellectual Property
• Knowing terms and termination of agreements
• Knowing post-termination considerations and obligations
• Understanding restrictive covenants
• Identifying other considerations

Areas Covered in the Session:

• Types of agreements
• Initial negotiation considerations
• Agreement structure and terminology
• Obligations, duties, and responsibilities
• Outside activities
• Compensation and benefits
• Compliance with law regulations
• The Anti-Kickback Statute
• Self-Referral (Stark)
• False Claims Act
• Tax Exempt Issues and Fair Market Value Concerns
• Professional liability insurance
• Proprietary Rights / Intellectual Property
• Term and Termination
• Post-termination considerations and obligations
• Restrictive covenants
• Live Q&A Session

Suggested Attendees:

• Legal counsel and other professional advisors to healthcare providers.
• Healthcare providers and staff.
• Hospital and healthcare facility administration.
• Vendors and contractors who work in the healthcare sector.
• Physician
• Nurses
• Physician Assistants
• Healthcare Billing and Coding Staff
• Credentialing and Enrollment Specialists
• Healthcare Administrative Personnel
• Clinic Managers
• Credentialing and Enrollment Specialists
• Healthcare Administrative Personnel
• Practice Managers
• Auditors
• Compliance Officers
• Medical record supervisors
• Health Information Management Administrators and Technicians
• Other Personnel Interested in Billing Privileges with the Medicare Program

Presenter Biography:

Eric Boughman is an AV-Rated Attorney and Certified Circuit Court Mediator whose law practice focuses on serving clients in the business of healthcare, technology, and other select industries. He relies on a diverse background to solve complex legal issues with a focus on compliance, risk management, and avoiding or reducing exposure to legal threats and lawsuits. His clients include businesses, professionals, investors, and entrepreneurs.

Eric spent the first decade of his career as a business litigator representing clients of all sizes, from Fortune 500 companies to local startups, in complex legal disputes. Over time, his experience and expertise grew, and Eric expanded his practice to provide a full range of comprehensive legal services, including regulatory, transactional, and general counsel for companies in the healthcare, technology, and med-tech space.

Eric particularly enjoys helping clients avoid legal troubles and aiding settlement among parties in dispute. The most rewarding components of his practice involve serving as a mediator (a neutral facilitator whose mission is to settle legal disputes) and general counsel services he provides for clients on a flat-fee basis.

Eric is a frequent writer and presenter on issues involving health law, privacy, technology, and asset protection. His writings have appeared in multiple American Bar Association publications, including The Florida Bar Journal, Forbes, Daily Business Review, Accounting Today, Kiplinger, Financial Advisor Magazine, Law360, and CEO World, among others.

Eric is admitted to practice law in Florida and Nevada, as well as in the U.S. Tax Court, and in several other courts, nationwide, pro hac vice. He is active with local bar associations, including serving as an appointed member of his local jurisdiction’s grievance committee, and is also active in several charitable endeavors in his local community.

Snippet From Our Previous Session