Contract Questions Answered by Healthcare Law Attorney

Member Questions to Healthcare Law Attorney, Chase Howard:

Employment contracts, from both an employer and employee perspective

  • I don’t know what the question is here, but it's something we can help with. Generally, employers will hold more leverage and want greater protections. Employees should consider termination rights, post-termination restrictions (non-compete and non-solicit), how compensation is paid and when, whether there are fees reimbursed for expenses, and the process for that. An employer might also want to consider the same terms but from their perspective. For example, what rights do they have to quickly terminate and avoid a big severance, and what type of enforcement rights do they have when the employee breaches a contract.

Renegotiating contracts with insurance plans, and how to find the right person within the insurance company to do that

  •  Usually, there is an account executive/manager or specifically a contracting specialist. Look into finding this person by reaching out to the credentialing team and asking them who to discuss this with. Sometimes, they’re identified in the contract.

Non-complete clause, is it legal or illegal?

  • Generally legal, but might be “unreasonable” based on the terms. Usually, reasonableness is focused on how broad a restriction is, if it is less than 2 years, and if patients are pulled from within the restriction radius. Restrictions can be void if the employer breaches the contract.

Differences between 1099 and W2, what are the pros and cons

  • There are differences based on how the person is taxed but also different employment rights laws. The list is quite long, but in general, employees can be more “controlled” and have more rights from an employment law perspective (i.e., better remedies if the employer breaches the contract or employment law). 1099 generally has more flexibility and fewer remedies.

As a FSOMA Member, you enjoy a free 15-minute consultation and a discount on retainer with Chase Howard, Esq. from the Florida Healthcare Law Firm.

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