Event Materials (Key Required)
The relationship between hospitals and physicians who work in them is complicated. Employment laws apply, obviously, but in addition to the usual issues of hiring, firing, supervision, and work expectations, physicians are subject to extensive regulation, professional ethics, state licensure and government reporting. Further, all physicians who provide patient care in a hospital are members of the hospital’s medical staff. Medical staffs are also highly regulated, by state and federal law, and in accredited hospitals the overwhelming majority subject to specific accreditation standards.
How these complicated matters combine is a relatively recent question. Traditionally, physicians in the United States admitted their patients to hospitals without the entanglement of being hospital employees. Physicians billed their patients directly, as did hospitals, separately. Medical staff organizations determined what physicians could have clinical privileges to admit and care for patients in a hospital, setting standards for membership, clinical competence, and professional conduct. But as medical practice became more complicated, independent practice became more untenable for many physicians. Obtaining third party payment contracts from health plans, staffing an office and clinic, purchasing and maintaining expensive sophisticated medical equipment, running an efficient billing system, and taking on the cost of electronic medical record systems for a single physician office or small group clinic typically makes no financial sense. The hurdles are complicated for hospitals also, but local and federal support, nonprofit status, and simple economy of scale has led to hospital employment of physicians as a common practice. The shock and burden of the COVID-19 pandemic became the final straws. Now, the overwhelming majority of physicians working in American hospitals do so as employees of the hospitals.
As a relatively novel matter, hospital employment contracts can be challenging to prepare and to understand, leaving both employer and employee subject to uncertainties. Where contracts create uncertainties, litigation often follows. A major disconnect in the hospital-employed physician arrangement is the effect of the medical staff organization. Hospital medical staff governing documents the bylaws, rules and regulations and medical staff policies may be silent regarding any employment relationships. Or, the hospital medical staff governing documents may address limitations on physicians who are hospital employees, or may guarantee certain protections and rights to physicians employed by the hospital. Hospital administration may or may not be adequately familiar with the medical staff organization’s positions regarding hospital employees on the medical staff. Compliance officers and human resources staff may not be aware of the lines crossed by the employee handbook, or the compliance plan, when compared with the medical staff rules and regulations. An issue as basic as whether the hospital can hire and fire physicians as it does other employees does not have a straightforward answer. These are issues that come to light when the hospital employee is a physician member of the hospital medical staff.
Carefully considered employment contracts and well-coordinated policies can protect all involved, but the intricacies of peer review and state and federal regulation must be understood and implemented. This webinar provides an overview of the issues and possible solutions.
Learning Objectives:
- Address differences and similarities in what physician employers and physician employees seek in employment arrangements and contracting
- Describe employment contract provisions that are most likely to cause tension between physician employers and physician employees
- Articulate how physician employers and physician employees can best negotiate contracts that work for both parties
- Consider peer review as a way of balancing fairness, immunities and quality improvement
Areas Covered in the Session:
- Federal? State? Which State? – Jurisdiction Matters
- Physician Advocate? – Experience Matters
- What Both Employers & Employees Are Looking At
- Money
- Time
- Non-Competes
- Are Non-Competes Legal?
- List of States Ban Non-Competes Currently
- Didn’t FTC Ban Non-Competes?
- Physician Organizations Opportunities and Obligations
- Benefiting Both Physician and Hospitals
- Professional Judgement
- Peer Review Protections
- Wellness
- Diversity
- Physician’s Unfettered Right to Exercise Personal and Professional Judgment
- Peer Review Protections
- For the Practice
- Immunity for Review
- Confidentiality for Review
- For the Employed Physician
- Review by Peers
- Hearing Right
- For the Practice
- Sample “Due Process” Provision
- National Practitioner Data Bank (NPDB)
- For the Practice
- Immunity for Review
- Access to Reporting
- For the Employed Physician
- Hearing Rights
- For the Practice
- NPDB Protocol
- Investigation defined
- Notice required
- Individual Report Review
- Mandatory Corrections
- Physician Wellness
- Physician Health
- Physician Burnout
- Physician Impairment
- Physician Suicide
- Coordinating Peer Review with Wellness
- Appropriate
- Effective
- Transparent
- Federal Issues
- Separate investigation from clinical evaluation
- Protect leaves of absence
- State Issues
- Committee Requirement
- Confidentiality Qualifications
- DEI? AKA Helping Organizations Attracting Physicians
- Inclusion Checklist for Both Sides
- Physician Employer & Physician Employee Perspectives on Employment Contracting
- Protects patient care
- Limits liability exposures
- Promotes Physician Wellness
- Hospital Employment Contract -Now Updated & Available from AMA
Related Webinars You May Like
Suggested Attendees:
- Hospital Administrators
- Compliance Officers
- Medical Staff Leaders
- Medical Staff Office Managers
- Chief Medical Officers
- Health Care Attorneys
- Medical Staff President/ Chief of Staff
- Bylaws Committee
- Credentialing Committee
- Vice President of Medical Affairs
- Director of Medical Staff
- Medical Staff Attorney
- Hospital Counsel
- Credentialing Specialist
- Human Resources Professionals
Presenter Biography:
Elizabeth “Libby” Snelson, ESQ., helps medical staffs across the country with medical staff bylaws, and works for medical societies on medical staff issues. A frequent speaker on medical staff legal issues, Ms Snelson presents at medical staff leadership retreats, and in programs sponsored by state medical staff services associations and medical societies, the American Medical Association, the American Bar Association, and other organizations. She is Past President of the American Society of Medical Association Counsel, Vice President of the ABA’s Physician Issues Interest Group, and serves Of Counsel to the Minneapolis law firm of Lockridge Grindal Nauen. She was a member of the Joint Commission’s MS 01.01.01 Task Force. Her articles on medical staff legal issues have appeared in various publications. She is the author of The Physicians’ Guide to Medical Staff Organization Bylaws, published by AMA, the Massachusetts Medical Society’s Model Medical Staff Bylaws, the North Carolina Medical Society’s Model Medical Staff Bylaws, and other model medical staff documents. Ms Snelson provides expert testimony in peer review litigation.
Additional Information:
System Requirement:
- Internet Speed: Preferably above 1 MBPS
- Headset: Any decent headset and microphone which can be used to hear clearly
For more information, you can reach out to the below contact: Toll-Free No: 1-302-444-0162 Email: care@skillacquire.com
Purchase Order Form – Click Here to download PO form.
Snippet From Our Previous Session
Frequently Asked Questions:
HOW MUCH TIME DOES IT TAKE TO RECEIVE THE DVDs/ FLASH DRIVE? +
For DVDs/ FLASH DRIVE – It will take around 7 working days.
CAN I PLACE AN ORDER ON CALL? +
Yes, you can call our toll-free number 302-444-0162 and ask our representative for the enrollment. Alternatively, you can also mail us at care@skillacquire.com.
CAN I PURCHASE ANY OF YOUR TRAINING FORMATS, AT ANY TIME? +
For DVDs/ FLASH DRIVE – Yes, you can place the order at care@skillacquire.com using the order brochure or can call us at our toll-free number 302-444-0162.
DO I REQUIRE A COMPUTER FOR ATTENDING A LIVE COURSE? +
The system requirements are quite basic: OS: Windows any version preferably above Windows Vista & Mac any version above OS X 10.6 Internet Speed: Preferably above 1 MBPS Headset: Any decent headset and microphone which can be used to talk and hear clearly, in case of live course you can raise questions using a microphone.
HOW CAN I BECOME FACULTY AT SKILLACQUIRE? +
Please share your detailed CV with us and our team will screen the best faculty for the specific field.
HOW CAN I GET ACCESS TO THE LIVE TRAINING? +
You can access the live training using Joining Link or Dial-In Number. To get the joining link, you can click on the conference materials on the product description page, and enter your email address and password that you received in your email.
We will also send you the joining link or dial-in number to the registered email address 2-3 days prior to the live training. You can simply click the joining link to join the live training.
HOW CAN I MAKE A BULK PURCHASE? +
You can call our customer service department at 302-444-0162 and may also avail some discounts on the bulk orders.
WHAT’S THIS DIFFERENT FORMAT? +
- Live (One Attendee) – Only 1 person will be able to join the webinar
- Live (2 to 4 Attendees) – Upto 4 persons are allowed to join the webinar
- Live (5 to 10 Attendees) – Upto 10 persons are allowed to join the webinar
- On-Demand Recording (One Attendee) – Webinar recording link will be provided for a single attendee
- On-Demand Recording (Multiple Attendees) – Webinar recording link will be provided that can access by more than one person
- DVD – DVD will be shipped physically to the address provided
- Flash Drive – Flash drive will be shipped physically to the address provided
- Live + DVD – This allows you to attend live webinar plus you also get DVD shipped to the address provided
- Replay + FLASH DRIVE – Allows you to get webinar recording link plus you also get DVD shipped to the address provided
- Live + REPLAY + DVD – This allows you to attend live webinar plus you also get webinar recording to your email and DVD shipped to the address provided
WHAT CERTIFICATION DO I GET POST THE TRAINING? +
After successful completion of the training, you will be awarded the course completion certificate (on request). The certifications/ recertifications should be mentioned under the description of every course.
function myFunction() { alert("The ontoggle event occured");
}Attendee’s Reviews from the Previous Session:
1 Month ago By:- Cheryl Colbert
I thought the information was great. It was very informative and I would like to review the webinar again.
2 Weeks ago By:- Stephanie Janes
I really enjoyed the presenter. She was extremely knowledgeable and added in some humor.
5 Days ago By:- Liza Tan
Good presentation. Speaker was very upbeat which made paying attention easy.