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. If you need a guaranteed turnaround, please let me know and we can discuss expedited service package options. Standard turnaround is five business days. If time is of the essence then you can request a 24-hour turnaround (add $600), a 48-hour turnaround (add $500), or a 72-hour turnaround (add $400).
Legal fees are a necessary cost of doing business; however, I strive to offer affordable service. I offer discounts to Fellows and Resident Physicians because I respect and appreciate your dedication. My fee starts as a flat fee and then IF you utilize more than one (1) hour of consultation (whether by email or phone), then your continued consultation will be billed at a very competitive rate of $200/hour.
Practicing physician contract analysis fees start at $800 while Residents and Fellows enjoy a discounted fee of $500.Your fee entitles you to one (1) hour of consultation with me to discuss your contract and other aspects of your prospective employment. If you utilize more than one (1) hour of consultation, then you are required to pay for all consultation time in excess of one hour at an hourly rate of $200/hour in 15-minute increments. Most physicians and healthcare professionals do not need more than one hour of consultation and some do not need consultation because of the exhaustive nature of my analysis, but I am here for you if you need additional consultation, revisions, or negotiation assistance.
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).
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