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Recruited doctors can negotiate contracts

Contract Language. By Steven M. Harris, amednews contributor. Oct. 1, 2001.

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Last month this column discussed the basics of physician recruitment agreements, and now I will conclude this discussion by paying particular attention to a few negotiating tips for physicians about to enter into such a relationship with a hospital.

Most often, the recruited physician and the group practice that is conducting the search will each be asked to guarantee the income provided by the hospital. The hospital will provide the income in the form of a loan to the practice.

Most hospitals require the physician and the group practice, jointly and severally, to assume liability for repayment to the extent that funds advanced by the hospital remain unpaid after the forgiveness period, if provided within the structure of the transaction.

Although both the physician and practice are liable, each would be well served by an intercreditor agreement between themselves for purposes of apportioning risk of repayment.

For example, if the practice exercises its ability to terminate the recruited physician during the initial employment period without cause, perhaps the practice should bear the risk and cost of repayment.

Likewise, if the recruited physician singly walks away and joins a new group in the same area, it seems equitable that the physician jumping ship should bear the obligation of debt repayment.

Doctors executing recruiting agreements are well-advised to refrain from signing agreements with a group practice which contain post-employment restrictive covenants. [...]

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Copyright 2001 American Medical Association. All rights reserved.