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Physician Employment Agreements in Texas

Houston Health Care Attorney for Drafting / Reviewing Medical Contracts

Whether you’re considering offers at the end of residency, need to hire a doctor for your new medical practice or existing group, or face any matter involving the employment of a physician in Texas, the contracts you create define the future of employment relationships, and have major implications for practitioners and practices alike. By using available legal protections, you can reduce the potential for problems, disputes, and disagreements, and provide yourself with options should they arise.

At Hendershot, Cannon & Hisey, P.C., our Houston health care attorneys have extensive experience in matters of medical contracts and health and medical law. We frequently counsel and represent all types of health care providers and clients as they devise agreements critical to their practice, or search for ways to resolve disputes and various regulatory compliance issues.

Be it a proactive approach to protecting your rights and interests, or a responsive need to craft creative solutions amid contractual disputes, our attorneys have the experience and insight to help. Call (713) 909-7323 or contact us online to speak with a lawyer.

Contract Drafting & Review

For similar reasons a surgeon wouldn’t operate on themselves, physicians and providers should be wary of drafting their own employment agreements without the help of knowledgeable and experienced attorneys. Nationally recognized in both health and medical law and business law, our firm assists practitioners, practices, medical groups, and other health care professionals and businesses in constructing and restructuring medical contracts of all types.

When it comes to physician employment agreements, complexities abound in having to balance your interests with regulatory compliance, needed protections, and productive relationships. Creating agreements requires consideration of the physician’s rights, as well as the patchwork of regulations (including the Stark Law, Anti-Kickback Statute, fraud and abuse laws, and various prohibitions) in order to ensure clear, enforceable, and compliant contracts.

Our firm assists in negotiating, drafting, and reviewing all aspects of physician employment agreements in accordance to state and federal laws, and with our client’s unique circumstances in mind. That includes assistance with:

  • Drafting and reviewing physician non-compete agreements
  • Health care non-solicitation and confidentiality agreements
  • Fair compensation plans, including productivity-based pay, patient collections, buy-in arrangements, bonus structures, call coverage agreements, and more
  • Exit strategies, buy-out formulas, and terms for selling a medical practice
  • Physician recruitment and relocation agreements

Physician Non-Compete Agreements

Physician non-compete agreements, or a restrictive covenant clause, protect both individual practitioners and provider organizations. Non-competes provide practices and hospitals with the ability to invest in new physicians, and offer practitioners legal protections to continue in their field when an employment relationship ends.

Enforceable physician non-competesin Texas must meet requirements under the state’s Business & Commerce Code, which generally obligate:

  • Access to patient medical records for up to 1 year following termination of the employment relationship;
  • Permission for physicians to treat patients with acute illness as long as needed following termination of the employment relationship; and
  • Plans which outline a physician’s ability to buy-out their employment agreement.

Specific protections for physicians and patients create additional requirements, including:

  • Access to medical records following authorization from the patient;
  • Delivery of patient records in the format in which they have been maintained; and
  • Reasonable prices for copies of patient medical records.

Contractual Disputes, Compliance, Enforcement & Defense

A lack of clarity or compliance with the law in any aspect of a physician employment agreement can lead to potential contractual disputes and litigation. Even when such agreements are crafted carefully, there still exists the potential for problems, as well as intentional or malicious breaches of contract. Our legal team leverages our experience in business litigation to help practitioners and providers with enforcement of medical contracts, and defending against medical contract claims.

Call (713) 909-7323 to Speak with a Houston Physician Contract Attorney

Employment agreements are important to both practitioners and practices, and ensuring your rights and interests are protected under such an agreement requires experience-driven insight and support from proven attorneys. Learn how Hendershot, Cannon & Hisey, P.C. can help you by calling (713) 909-7323.

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  • "Our firm defended a health care client against a fraud and abuse investigation by the Office of Inspector General. The client's response: Trey, On behalf of myself and M., I would like to extend our gratitude and appreciation for an outstanding job in our presentations regarding the OIG matter. Your honest and thorough work and your belief in our honesty and integrity as physicians, which was conveyed to the OIG and resulted in giving us the opportunity to meet with them, was a smart move and is greatly appreciated. We truly appreciate all your hard work and representation. Ben, I would also like to take this opportunity to thank you for finalizing the documents for the purchase of . . . in such a short time."

    - A.
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