Recently, the Federal Trade Commission (“FTC”) published a proposed rule prohibiting employers from using non-compete clauses (also called “restrictive covenants”) in their contracts with workers. Similarly, the New Jersey legislature recently proposed a bill that would limit the scope of restrictive covenants between employers and workers. If finalized, these measures would impact the relationship many physicians, nurses and other healthcare professionals have with their employers.
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“Physicians who enter into compensation arrangements such as medical directorships must ensure that those arrangements reflect fair market value for bona fide services the physicians actually provide,” warns the new fraud alert published by the Office of Inspector General (OIG). Stress, financial difficulties, effects of aging, declining health and a myriad of other pressures could lead to poor work performance and imperil the license of healthcare professionals. A program designed to assist healthcare professionals in recovery may help. The New Jersey Professional Assistance Program (NJPAP or the Program) monitors and provides support in the recovery of physicians, pharmacists, dentists, nurses and other health care professionals. The Program not only assists in the recovery from drug or alcohol use or dependence but also from other health impairments, such as cognitive impairments, hypertension, diabetes, physical disabilities or depression. NJPAP can also play an important part in protecting a professional’s license. Whether you are considering full-time or part-time employment, a newly minted doctor leaving a residency program or a more seasoned practitioner joining a group practice, the following key aspects of an employment relationship should be considered before agreeing to any arrangement. Deniza Gertsberg presented a breakfast seminar before medical staff of the New York Metropolitan Hospital in New York, NY, on May 28, 2013. The seminar was titled “Physician Employment Contracts.” This is the second time Deniza Gertsberg was invited to present before hospital staff. Most physician employment contracts contain a non-compete clause as a condition of employment. It is easy to overlook, but it places limits on a doctor’s ability to find future work or practice in a location of choice and therefore should be carefully considered. |
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