Contracting With Non-Employed Physicians, Groups, and Other Providers: Key Terms and Practices to Avoid Problems and Minimize Liability
Protecting Against Ostensible Agency and Minimizing Liability Risk
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide hospital counsel with a review of key issues involved when hospitals consider contracting with physicians and physician groups not employed by the hospital, including best practices for minimizing liability risk when structuring the contracts.
Outline
- Independent contractors v. employees: IRS and common law guidance
- Relevant statutes affecting contractor arrangements
- Stark and Anti-Kickback Statutes
- Medicare Statutes
- HIPAA
- Physician supervision rules
- Others
- Key terms to include in contractor arrangements
- Identifying the relationships
- Independent judgment v. control
- Compensation structures
- Insurance and other support
- Term, termination, and post-termination obligations
- Avoiding liability for contractor misconduct
- General rule: no vicarious liability
- Apparent or ostensible agency
- Acting in concert
- Other
- Practical suggestions for minimizing liability risks
Benefits
The panel will review these and other key issues:
- What key considerations should healthcare counsel keep in mind when structuring contracts between hospitals and non-employed doctors or physician groups?
- What are the key legal concerns for hospitals when contracting with non-employed physicians and practitioners?
- What steps can hospitals and healthcare providers take to minimize the risk of ostensible agency?
Faculty
Kim C. Stanger
Partner
Holland & Hart
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint... | Read More
Mr. Stanger's practice focuses on healthcare transactions, including practitioner and payor contracts, joint ventures, practice formations, acquisitions, and mergers, conversions and physician integration. He helps clients comply with laws and regulations governing healthcare, including Stark, the Anti-Kickback Statute, HIPAA, EMTALA, HITECH, Medicare and Medicaid requirements, and licensing rules. He also advises clients in governance matters, including drafting and implementing board and medical staff bylaws, policies and rules.
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John R. Washlick
Shareholder
Buchanan Ingersoll & Rooney
Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the... | Read More
Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the firm’s Health Care Industry Team. Mr. Washlick has as experience in structuring, negotiating and documenting a variety of complex business transactions, including M&As, joint operating agreements, joint ventures, clinical co-management agreements, academic and clinical affiliations, and contractual relationships among providers and with third-party payors. He is also a recognized authority on federal income tax issues involving tax-exempt organizations and the Anti-Kickback Statute and the Stark Law.
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