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Healthcare Attorney Contract Review Questions

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  • Healthcare Attorney Contract Review Questions

    I will likely have a contract in hand for a new job in the near future (say, 0-4 months).  What is the typical amount of time one has to review the contract, ask questions, request modifications, and say yay or nay?  Additionally (and more importantly), do people recommend having a healthcare attorney review the contract who is in the same state that the practice is in?  If so, does this require physically meeting with the attorney?  Also, what are the expected costs of this contract review?  Thanks everyone.

  • #2
    My contract was fairly straightforward and took about 2 weeks to get everything all ironed out in terms of negotiations

    All things being equal, I would guess an in-state lawyer is probably to your benefit (although I used someone from out of state and had no issues)

    Everything was done over phone or email for me

    I believe I paid $250/hr (discounted as I was a resident at the time and was offered trainee pricing), total time spent on my straightforward contract was approx 1.5 hours

    Good luck!

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    • #3
      I used contract diagnostics for my review.

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      • #4
        Ideally you should have an attorney from the same state do the review.  There are certain intricacies that vary jurisdiction to jurisdiction.  But if you have a good local attorney who handles physician contracts that should also work.  Ideally whichever attorney you choose will be familiar with physician contracts, employment agreements, non-competition agreements.  You do not have to meet in person.

         

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        • #5
          Unless there are some complicated business aspects to the contract, most would be served by having an employment attorney reviewing the contract, ideally one who is familiar with physician contracts. In many cases, this will be mostly informational, helping you interpret the language of various terms and clauses.

          A "healthcare attorney" will typically be engaged in things like assessing the Medicare compliance of a physician-hospital system partnership, a healthcare merger/acquisition, or a conflict between a provider and an insurance company.

          I would expect that you would have a couple weeks to review the contract, and that should be adequate. If the employer has multiple candidates, they should give you a deadline, after which the expectation would be that the job may be offered to another party. It is unlikely that the offer will be open-ended, but if you feel you need more time, you should ask for it.

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          • #6
            Recently paid my lawyer 1850 for contract review for my new job, but that also included giving legal advice on leaving my current job.  While they may not be able to change everything to your favor, a local (state) one can help you judge what is par for the course in your area, and if there is anything that should be a complete red flag that needs to be taken out/changed vs just some language that may help you if its changed, but if the employer resists is really no big deal.  Plus they can take the blame for contract language negotiations. I was able to do it all via email/phone calls, I'm not really sure how meeting face to face would've added anything to the process. It took a couple of hours split over a few days.  When I first came out of residency I think I paid a 1200 flat rate. The lawyer fee, like many things is life, is also negotiable.

            The job may tell you how long until they move on once the contract is offered to you.  This too will be negotiable since if your lawyer has to talk to their lawyer etc, a timeline can be extended.  What the employer doesn't want is for you to have the contract in hand to then try to negotiate with another job (or your current job), so communication is key if you plan on taking a while to sign the contract.

             

             

             

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