Contact Us at: firstname.lastname@example.org
Signing a services contract is exciting, but a contract can be laden with pitfalls. You need an experienced lawyer who understands legal form as well as hospital and healthcare function. You can protect yourself by obtaining a professional legal evaluation prior to signing your contract. With The Smith Law Office, you can rest easy knowing that a Health Law Lawyer is working to protect your interests.
My contract service packages are designed for physicians and other doctors who wish to assess compensation or bonus formulae, evaluate and compare multiple offers, and negotiate one or more terms of their contract; no issue is too complex. Reimbursement, bonuses, representations and warranties, professional liability insurance, non-compete covenants, indemnity clauses, and discretionary authority are among the many areas of physician contracts that often require interpretation.
Please contact me if you are unsure about whether you are choosing the contract service that best suits your needs.
To satisfy the Anti-Kickback Statute (AKS) and Stark II safe harbors for independent contractor agreements, the contract must generally satisfy the following: (1) the contract must be in writing, specify the services to be performed, and be signed by the parties; (2) the contract must be for at least one year, and if terminated earlier, may not be renegotiated upon the same or substantially similar terms during the one-year period; (3) the services must not exceed those that are reasonably necessary for legitimate business purposes; and (4) the compensation to be paid must be set in advance, represent fair market value, and not vary with the volume or value of referrals. See 42 C.F.R. §§ 411.357(d) and 1001.952(d). In addition, to satisfy the AKS, the aggregate compensation must be set in advance, not just the method of compensation. Id. at § 1001.952(d)(5).
1. The Federal Anti-Kickback and Federal Stark Laws create a maze that can be navigated
safely with proper legal counsel.
Both the federal AKS and Stark II law have safe harbors that apply to employment and professional services contracts such as clinical service or medical director agreements.
1. The federal AKS does not apply to bona fide employment contracts. However, to satisfy
Stark II, an employment contract with a physician or a member of the physician’s family
must satisfy the following: (1) the contract must be for identifiable services; (2) the
compensation must be consistent with fair market value and generally may not depend
on the volume or value of referrals; and (3) the arrangement must be commercially
reasonable even if no referrals were made (i.e., the contract must make business sense
regardless of referrals by the physician). See 42 C.F.R. § 411.357(c).
Disclaimer: The information on Smith Law Office's website and the information found through the designated links is not intended to be advertising or solicitation, and is not intended to provide legal advice. Use of this website is not a substitute for consultation with legal counsel.
Use of this website, or of the information it contains, does not create an attorney-client relationship between the user and Smith's Law Office. Smith Law Office does not endorse or promote any linked entities or websites, and provides these links solely as a convenience to the user.