Nurse Practitioner Contract Review

Chelle Law can review your contract, identify the areas that could be improved, and assist you in negotiating the best contract possible. Each nurse practitioner that requests Chelle Law’s assistance receives:

  • Review of your proposed employment agreement
  • Consultation reviewing the contract term by term
  • Assistance in negotiating with the employer
  • Available in Any State

Contracts are a pervasive and obligatory part of nearly all business and legal transactions. Well-drafted contracts help to enumerate the responsibilities of the involved parties, divide liabilities, protect legal rights, and ensure future relationship statuses. These touchstones are even more crucial when applying their roles to the case of a nurse-practitioner employed by a hospital, medical group, or other health care provider. While contract drafting and negotiation can be long and arduous, legal representation is a must to protect your rights.

Contract Review for Nurse Practitioners

The present-day conclusion is simple: A nurse practitioner should not enter into any contract without having the agreement reviewed by legal counsel.

There is too much at risk for a nurse-practitioner to take contract matters into their own hands. In addition to the specific professional implications, contract terms can significantly impact a nurse practitioner’s family, lifestyle, and future. There are many important contract terms and clauses which can present complex and diverse issues for any nurse practitioner, including:

  • Non-compete clauses
  • Damages
  • Indemnification
  • Verbal guarantees
  • Insurance statements

Additionally, often the most influential terms and clauses in any employment contract are the ones that are not present. With the advent of productivity-based employment agreements, any nurse-practitioner must review an employment agreement before it is executed. Chelle Law has practical experience drafting and reviewing nurse-practitioner contracts for nearly every specialty.

Nurse Practitioner Employment Contract

A thorough contract review can benefit new residents, attending vets, doctors entering their first employment contract, or established vets looking for new employment. By employing an experienced attorney for your representation, you can ensure that you will be able to fully understand the extensive and complex wording included in your contract. By fully understanding the contract, you will be in a better position to make your own decision on whether or not you want to enter into the agreement, which will affect your career life for years to come.

The financial benefits gained from having your contract reviewed and negotiated by an experienced healthcare attorney far outweigh the costs associated with a review. You are a valuable resource, and you should be treated and respected as such. Chelle Law will personally dedicate their time to ensure that you are fully protected and assist you in the contract process so that your interests are fairly represented.

Common Dangers: Employment Contract Review for Nurse

Common dangers associated with not having your employment agreement reviewed are:

  • Inadequate professional liability and tail coverage
  • Misidentifying negative terms
  • Not enough paid time off (PTO) or Vacation time
  • Provisions that violate Stark and the Anti-Kickback Statutes and Regulations
  • Unfair restrictive covenants (non-competes)
  • Unfavorable call schedules
  • Lack of Benefits
  • Biased Termination Provisions (With or Without Cause)
  • Small Production Bonuses (RVU and gross income)

Additionally, common terms that need to be examined include:

  • Arbitration
  • Call Schedule
  • Continuing Medical Education (CME)
  • Dues and Fees
  • Holiday Pay
  • Hours
  • Insurance
  • Moving Expenses
  • Repayment Obligations
  • Salary
  • Signing Bonus
  • Suspension provisions
  • Tail Insurance
  • Termination

Coming into a new organization with a favorable contract can put the nurse practitioner in a positive financial situation for years to come. Before you sign the most important contract of your life, turn to Chelle Law for assistance.

NP Employment Agreement Checklist

Employment contracts are all unique. However, nearly all medical and nursing professional contracts for providers should contain several essential terms. If these contracts do not spell out the critical terms, disputes can arise when there is a disagreement between parties regarding the details of the specific term. For instance, if the doctor is expecting to work Monday through Thursday and the employer thinks it’s Monday through Friday. Still, the particular workdays are absent from the contract—who prevails?

Spelling out the details of a nurse practitioner’s job is crucial to avoid healthcare contract conflicts during the employment contract term.  Below is a checklist of important terms that contracts should contain (and a brief explanation of each term generally discussed in negotiations):

  1. Practice Services Offered: What are the clinical patient care duties? Is there time for an employment contract review of administrative tasks? How many patients is the certified registered nurse practitioner expected to see?
  2. Patient Care Schedule: What days and hours are employees expected to provide patient care per week? What is the surgery schedule? Are employees involved in the planning of their schedules?
  3. Locations: Which facilities will the employer schedule the employees to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
  4. Outside Activities: Are employees permitted to pursue moonlighting or locum tenens opportunities? Does a nurse practitioner need permission from the employer before accepting medicine-related positions?
  5. Disability Insurance: Is disability insurance provided (short-term and long-term)?
  6. Professional License: Will the practice offer reimbursement for licensing? Will an advisor be provided?
  7. Practice Call Schedule: How often is the employed nurse practitioner on call (after-hours office call, ASC, hospital call (if applicable))?
  8. Electronic Medical Records (EMR): Will the employer provide training resources or time to review the system before delivering care?
  9. Base Compensation: What is the annual base salary? What is the pay period frequency? Does the base compensation increase over the term of the agreement? Is there a yearly review or quarterly review of compensation? Is there a group management relationship?
  10. Productivity Compensation: If there is productivity compensation, how is it calculated (wRVU, net collections, patient encounters, etc.)? Is there an annual review?
  11. Practice Benefits Summary: Are standard benefits offered: health, vision, life, retirement, etc.? Who is the advisor of human resource benefits?
  12. Paid Time Off: How much time off does the job offer? What is the split between vacation, sick days, CE attendance, and holidays? Is there an HR guide?
  13. Continuing Education: What is the annual allowance for CE expenses, and how much time off do they offer?
  14. Dues and Fees: Which business financial expenses are covered (board licensing, DEA registration, privileging, AANP membership, Board review)?
  15. Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the contract is terminated before the expiration of the initial term?
  16. Signing Bonus: Is an employee signing bonus offered? When is it paid? Does the employee have to pay it back if they leave before they complete the initial term? Are student loans paid back? Is there a forgiveness period for student loans?
  17. Professional Liability Insurance: What type of liability insurance (malpractice) the employer offers: claims made, occurrence, self-insurance? License and litigation defense? Can you negotiate tail?
  18. Tail Insurance: If tail insurance is necessary, who pays for it when the agreement terminates?
  19. Term: What is the length of the initial term? Does the agreement automatically renew after the initial term?
  20. For Cause Termination: What are the grounds for immediate termination for cause? Is a review provided to dispute the termination?
  21. Without Cause Termination: How much notice is required for either party to terminate the agreement without cause?
  22. Practice Post-Termination Payment Obligations: Will the nurse practitioner receive production bonuses after the agreement terminates?
  23. Non-Compete: How long does the non-compete last, and what is the prohibited geographic scope?
  24. Financial Retirement: Is a financial retirement plan offered?
  25. Non-Solicitation: How long does it last, and does it cover employees, clients, patients, and business associates?
  26. Notice: How is the notice given? Via hand delivery, email, US mail, etc.? Does it have to be provided to the employer’s attorney?
  27. Practice Assignment: Can the employer assign the agreement? Will the healthcare agreement require ongoing compliance with a new employer?
  28. Alternative Dispute Resolution: If there is a conflict regarding the contract, will mediation or arbitration be utilized? What is the standard attorney review process for disputes? Who decides which attorney oversees the process?

Chelle Law has extensive experience in the healthcare industry, representing various clients. Coupled with their strong legal knowledge in employment law and contracts, their unique background provides clients with expert representation that will help ensure they receive fair treatment in the contractual obligations of you and your employer.

You can also check out organizations like NAFC which provides information on free and charitable clinics that NPs can engage with to expand their professional network.

If you need assistance with an employment agreement or contract review, schedule a Nurse Practitioner Contract Review with Chelle Law today!