1. Employment agreements. If you want to hire the doctor as an employee and not pay him more than fair value, you can structure the agreement so that he fits into The Stark Safe-Port, in good faith, which requires changes after hiring. Apart from complying with the above rules before the doctor arrives, parties to a recruitment agreement generally cannot change the conditions after the doctor arrives. In the CMS Advisory Opinion nr. CMS-AO-2007-01, CMS confirmed that significant changes after arrival will likely result in the adjustment agreement no longer meeting the stark requirements. (iii) In the case of an income guarantee of any kind that the hospital grants to a committed physician who joins a medical practice, the costs that the medical office has awarded to the physician recruited do not exceed the actual additional costs to be charged to the physician recruited. For a physician hired for a rural medical practice or an HPSA, when the physician is hired to replace a physician who retired in the last 12 months, who has moved or died outside the geographic area served by the hospital, the costs allocated by the medical practice to the physician recruited do not exceed the two : 3rd hiring arrangement. The laws allow hospitals and some other facilities to pay more than fair value or to provide additional benefits for the recruitment of physicians (whether the physician is an employee or a hospital contractor) if certain standards are met.
In general, Stark requires that: (A) the actual extra costs attributable to the physician recruited; or experienced public health lawyers verify the following rights and obligations of each of the three signatories to the agreement. Who receives the surplus collections, .m. Collections on the amount of the income guarantee? In month 6 of the example above, the collections exceed the income guarantee of $5,000. The hospital generally requires surplus collections to settle outstanding loans. Once the loan is repaid, either the doctor or the group keeps the surplus collections. In this article, I talk about the doctors` recruitment agreements and their package of documents. A hiring agreement allows a hospital to lend money to a doctor or group practice in exchange for the physician`s promise to practice in a given geographic area. Recruitment agreement packages often reach 100 pages with a conscious probability and obscure complexity. Physician recruitment agreements must also meet the requirements of IRS 501 (c) (3).
4. The compensation granted by a hospital to a physician, either indirectly through payments to another medical practice or directly to a physician who joins a medical practice, must be supplemented by the following additional conditions: all contracting parties must review the agreement before it is signed. Once the contract is signed, it will be very difficult to overturn the contract, unless it is a fraud. Some of the concerns that each party may have about a physician recruitment agreement (ii) He or she has been employed full-time for at least two years for at least two years, just before the hiring agreement by one of the following people (and does not have a private practice in addition to such a full-time job): If you have questions about doctor recruitment contracts Contact Cohen Healthcare Law Group Pc. (42 CFR 411.357 (c)). In the context of safe employment, you do not have to have a written agreement in advance or define the compensation formula, but it is usually a good idea to do so to avoid any misunderstanding. Compliance with the above Stark parameters should also be consistent with AKS and 501 (c) (3). (see 42 CFR 1001.952 (i); IRS Healthcare Provider Reference Guide, 2004 EO CPE text on page 18). If you have to pay more than fair value or offer additional incentives for hiring the doctor, you will probably need to structure the agreement to complete the Stark Shelter described below.