By Daniel M. Bernick, Esq., M.B.A.
Loathed by associate physicians and loved by practice owners, non-compete clauses are standard features in physician contracts.  An understanding of these provisions is thus essential for all concerned.
What exactly is a “non-compete” or “restrictive covenant” clause?  The standard provision prohibits a departing associate from practicing in the immediate vicinity of his former employer.  For example:
“Physician agrees that upon his termination of employment by Medical Practice for any reason, and for two (2) years thereafter, he shall not practice [insert medical specialty] with a 5 air …

A new report from the American Medical Association (AMA) paints a bleak picture of physicians’ experiences with medical liability claims and bolsters the case for national and state level reform. A key finding from the report is that, among physicians surveyed by the AMA, there was an average of 95 medical liability claims filed for every 100 physicians, almost one per physician.
The report has data not available anywhere else, including information on medical liability claims’ impact by age, gender and practice arrangement for physicians. Highlights in the report include:

Nearly 61 …

By James W. Saxton, Esq. and Maggie M. Finkelstein, Esq.
Risk management strategies have been a key factor to the success of a physician practice for over a decade now; however, the focus has traditionally been on the benefit to reducing liability risk.   Now, risk management takes on a new importance as healthcare practice is increasingly tied to quality, transparency, and safety.   New factors at play in the healthcare environment, particularly national healthcare reform, will make the need for incorporating risk management strategies even greater.  A few significant issues include:

Physician shortages
Physician …

The government released new rules on Tuesday that further define “meaningful use” of electronic medical records for physicians and hospitals.  Earlier this year, the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized incentive payments to physicians for the use of EHRs including $44,000 through Medicare and $63,750 through Medicaid.  But achieving meaningful use was confusing to stakeholders.  Until now.
The original proposal was criticized as too restrictive as physicians were required to meet every one of 25 objectives in order to receive their incentive payment.  Under …

By Jeffrey B. Sansweet, Esquire
Although each medical practice opportunity is unique, most employment contracts with physician-owned private practices address similar issues.  How each practice deals with those issues in the contract does vary and is the subject of this article.
Term
The term of the agreement must be set forth.  There can either be a firm commencement date or the contract may provide that the physician will start “or or about” a given date.  There also may be contingencies that must be met before the start date such as state licensure, hospital …

By Mark F. Seltzer, Esquire
Having Residual Disability (or Partial Disability) provisions in your policy can be the most important decision you (or your insurance consultant) make when you bought (or if you are considering buying) your Individual Disability Insurance policy.  If you are eligible for Long Term Disability Insurance (Group) coverage from your employer, most probably, the definition of Disability includes a Residual component.  However, having the coverage and getting paid under that coverage may cause you to be subjected to some creative “refinancing” of your financial information as assessed …

By  David R. Dearden, Esq.
The term “arbitration proceeding” carries with it an expectation of a process to resolve disputes that is quick, fair and cost effective.  But does the reality match the expectation?  Like the impact of many contract clauses, the answer to this question can vary greatly depending upon one’s experience with the arbitration process.
Fortunately, in many situations where the parties have agreed to a written contract containing an arbitration provision, the parties never have to resort to arbitration to resolve issues between them.  The advantages and disadvantages of …

By Rep. Tom Price (R-GA), M.D.
With much fanfare and political wrangling on Capitol Hill, the signature domestic policy initiative of President Barack Obama’s administration – health care – has been signed into law.  From the very beginning of this debate, individuals of good faith on both sides of the political divide shared a common goal of expanding health coverage to more Americans.  However, there were many of us who opposed the Democrat health plan and firmly believe that the ultimate package was fundamentally flawed and failed to meet American principles …

By Chris DeMeo
While most of the country’s attention recently was focused on the fate of the hotly disputed healthcare reform legislation, another, less controversial set of laws affecting healthcare crossed a significant milestone.  On March 15, the comment period ended for the Center for Medicare and Medicaid Services’ (“CMS”) Electronic Health Records Incentive Program Proposed Rule (“EHR Incentive Rule”)[i] and the Office of National Coordinator’s (“ONC”) Initial Set of Standards, Implementation Specifications and Certification Criteria for Electronic Health Record Technology Interim Final Rule (“EHR Technology Rule”)[ii].  CMS and the ONC …

Each year, the Federation of State Medical Boards publishes the Summary of Board Actions, a compilation of disciplinary actions initiated by its 70 member medical boards. In addition to providing disciplinary data, the report includes information about the context in which each board operates, including standards of proof required when prosecuting cases and the health care professions regulated.
This year’s report includes disciplinary data for each board from 2005-09. During 2009, state medical boards took 5,721 actions against physicians, an increase of 342 actions over 2008. To view annual Summary of Board Actions reports since 1990, please …