Beth Langley and Claire O'Brien Provide Guidance on Employment Agreements for Health Care Professionals in Article for AHLA's Health Law Weekly
In an article published by the American Health Law Association's Health Law Weekly, Brooks Pierce partners Beth Langley and Claire O'Brien address the complex legal landscape surrounding employment agreements for health care professionals and the unique regulatory considerations these contracts require.
Whether negotiating and drafting a new employment agreement or renewing an existing employment arrangement, employment agreements for health care professionals require consideration of a myriad of health care-specific regulations, as well as state and federal employment laws. The article explores critical issues including compensation structures, duty specifications, termination provisions, and the increasingly scrutinized area of restrictive covenants.
"In our experience, health care professionals are often less interested in negotiating their employment contracts and more interested in finishing the legal process so they can begin to provide care to patients," O'Brien and Langley explained. "This approach can create real risks for the health care professional; as a health care employment attorney, you can offer real value to clients by encouraging them to drill down on the specifics of the arrangement before executing the contract."
The article also addresses the intersection of health care fraud and abuse laws with employment arrangements, emphasizing the importance of ensuring compensation is consistent with fair market value and does not implicate the Anti-Kickback Statute or Stark Law.
Langley has over 25 years of experience counseling employers in employment law matters, including employment litigation involving civil rights, non-competition agreements, and trade secret protection. O'Brien advises companies and individuals in the health care, medical device, and pharmaceutical industries on state and federal regulatory compliance, internal investigations, employment issues, and corporate transaction due diligence.
For the full article, you may click here.