Synergy - September/October 2012 - 12

in the legal loop

continuing education

services include pain management? Does a contract for radiology services inappropriately preclude cardiologists, who traditionally have the same privilege, from performing certain procedures? • Does the contract cover on-call responsibilities? How does it impact medical staff obligations? • Does the contract provide for a department chair? Is this consistent with the medical staff governing documents? • Does the exclusive group have the right to share peer review information with its

corporation? Does this adversely impact the peer review privilege? Note: Oftentimes this information is shared but is not addressed in the contract; this is not necessarily a good practice. There are, of course, other contractual arrangements. Keep in mind that, with the exception of employment, every arrangement between a physician and a healthcare entity must be reduced to writing. This article has covered the major types of agreements with which a MSP may come into contact. It is my sincere hope that this will provide you with guidance

regarding the issues to think through and questions to answer before finalizing these types of arrangements. ■

Catherine Ballard, JD, is a partner in the Bricker & Eckler LLP healthcare department with a practice focusing on the day-to-day operations of healthcare facilities as well as those facilities dealings with administrative agencies, private accrediting agencies and court proceedings. A substantial portion of her practice is devoted to medical staff and patient care issues. Contact her at 614/227-8806 or cballard@bricker.com.

NAMSS CE QUIZ: Contracting 101, Part 2
See worksheet on page 30. 1. In order for a hospital to employ a physician, the employment must be reduced to writing and signed by both parties. a. True b. False b. A reference to a master list of contracts. c. Both (a) and (b) d. Either (a) or (b) c. Both (a) and (b) d. Neither (a) nor (b)

2. In order for a written contract between a hospital and a physician to be valid, it must be: a. Signed by the physician, but it does not need to be signed by the hospital. b. Signed by the hospital, but it does not need to be signed by the physician. c. Neither (a) nor (b)

5. A recruitment agreement can authorize the physician to start providing care to patients at a hospital even if the physician does not have privileges at the hospital. a. True b. False

8. An exclusive services agreement can only be for radiology, pathology, anesthesia or cardiology services. a. True b. False

9. An exclusive agreement always justifies sharing peer review information between the hospital and the physician agreement. a. True b. False

3. An employment contract should address the issue of whether termination of employment also results in a termination of appointment and clinical privileges. a. True b. False

6. An agreement that requires that peer review information be shared with a third party could potentially result in the peer review privilege no longer applying to the information. a. True b. False

10. When considering the scope of an exclusive contract, which of the following are important? a. Existing privilege sets b. Impact upon physicians already on staff c. Both (a) and (b) d. (a) but not (b)

7. Providing specific details as to job duties in a medical director agreement is important because: a. The agreement needs to show that the physician is being paid for specific services. b. The duties should not overlap with the duties of a department chair or division chief.

4. Required terms in a contract between a physician and a healthcare entity include: a. A list of all contracts that the physician has with the healthcare entity.

Take this quiz online and receive your results immediately! Click the SYNERGY Quizzes link in the Headlines section of www.namss.org.

SYNERGY September/O ctO ber 2012

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Synergy - September/October 2012

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