South Dakota Nurse Practitioner Contract Attorney

South Dakota Nurse Practitioner Contract Attorney

Our South Dakota nurse practitioner contract review attorney can review your contract, identify the areas that could improve, and assist you in obtaining the best nurse practitioner contract possible. Each South Dakota nurse practitioner that requests our assistance receives the following:

• Available in any state
• Flat-rate pricing with no hidden costs
• Review of your proposed employment agreement
• Phone consultation with our lawyer, reviewing the contract term by term
• Follow up with a review of the needed clarifications

South Dakota NP Healthcare Employment Contract

A thorough contract review can benefit any NP entering their first employment contract or an established nurse practitioner 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.

Discovering South Dakota: The Mount Rushmore State

South Dakota, known as the Mount Rushmore State, is famous for its breathtaking landscapes, rich history, and vibrant culture. For an in-depth understanding of all South Dakota has to offer, visit the official South Dakota Tourism site.

Advancing Your Career as a Nurse Practitioner in South Dakota

Overview of South Dakota’s Healthcare Landscape

South Dakota offers diverse healthcare opportunities in both urban and rural settings. For a detailed look at the state’s healthcare scenario, check out the South Dakota Department of Health.

Licensing and Regulations

To practice as a nurse practitioner in South Dakota, it’s essential to understand the state-specific licensing process. Visit the South Dakota Board of Nursing for more details on licensure and regulations.

Professional Growth and Networking

For opportunities in continuing education, legislative advocacy, and networking, the South Dakota Nurses Association can be an excellent resource.

Embracing the South Dakota Lifestyle

Finding Your Ideal Home in South Dakota

Whether you’re drawn to the allure of historic towns or prefer bustling city life, South Dakota has a range of living options. Visit the South Dakota Association of Realtors to help find your perfect home.

Immersing in Cultural and Recreational Activities

South Dakota is steeped in a rich cultural heritage and offers a plethora of recreational activities. The South Dakota Arts Council can guide you to local arts events, galleries, and museums.

Exploring the Outdoors

If you love nature, South Dakota’s stunning landscapes, national parks, and trails will captivate you. Visit the South Dakota Game, Fish, and Parks for more information on outdoor activities.

Beginning Your South Dakota Adventure

Moving to a new place and starting a new job can be a thrilling yet daunting process. With its friendly communities, professional opportunities, and an array of recreational activities, South Dakota makes a fantastic choice for your new chapter as a nurse practitioner. Welcome to South Dakota!

Important Terms in a Medical Contract

The present-day conclusion is simple: nursing professionals should only enter into contracts by 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, nursing associate contract red flags and terms of medical contracts can significantly impact a nurse practitioner’s family, lifestyle, and future.

There are many important terms and clauses in medical contracts which can present complex and diverse issues for nurse practitioners, including:

• Non-compete clauses
• Inadequate professional liability insurance and tail coverage
• Unfavorable call schedules
• Practice support (Staffing, Supplies, etc.)
• Production Bonuses (RVU, net income, or hybrid structures)
• Not enough paid time off (PTO) or Vacation time
• Biased Termination Provisions (With or Without Cause)
• Continuing Education (CE)
• Dues and Fees (AANP, Nursing Board)
• Compensation

Non-Compete Clauses

NPs with non-competes in their nurse practitioner employment agreements were initially considered restraints of trade. Thus, they were invalid in public policy at common law. However, many restraints on trade incident to healthcare contracts were upheld based on the rule of reason. Thus, restrictive covenants between nurse practitioners not to compete after the termination of employment are generally enforceable as long as it is reasonable.

However, there are a few states which prohibit non-compete clauses. Please review your state laws for non-compete rules and regulations to see the specific rules for your state.

The general test for reasonableness of these clauses holds that on termination of employment, a covenant that restrains an employee from competing with his former employer is termed reasonable if:

• The restraint is not more than required to protect the employer,
• It does not inflict any untold hardships on the employer, and
• The restraint is not detrimental to the public.

In one such case, a provider restricted from practicing his specialty after leaving the hospital where he worked had their non-competition clause considered unreasonable. The judge ruled that this would be harsh if enforced because there are only a few other hospitals in the area with subspecialties like this one. They needed to protect themselves by preventing transfers of knowledge between providers.

Courts generally find that these clauses were only enforceable if there was some legitimate interest from the employer and would damage their ability to find qualified staff later or hurt public health care. Those needing legal advice should consult an attorney before signing any contract. Hence, they know what rights may come into play when things go wrong with their current job, regardless of whether non-compete reviews seem necessary at first glance!

We also offer nurse practitioner contract reviews for South Carolina and analysis of medical agreements in Tennessee.

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?

Attorney Services for a South Dakota Nurse Practitioner Contract

Coming into a new organization with a favorable contract can put the NP in a positive financial situation for years to come. We also offer occasional nursing product reviews. Before you sign the most important contract of your life, turn to an experienced South Dakota Nurse Practitioner Contract Attorney for assistance.