As a healthcare and business law firm, we routinely review and analyze employment agreements for physicians and other providers both when negotiating an agreement and after a dispute has 
arisen. Through our experience, we have developed tips and learned what is common, what is likely to cause disputes, and what is important in a practical sense for our provider clients. This post intends to outline three practical questions we believe important for our provider clients to consider when reviewing employment opportunities.
Question 1: Can I Complete all Contingencies Prior to my Start Date?
First things first, as a physician or other medical provider, you will necessarily be required to hold licenses, certifications, memberships, hospital privileges, provider numbers, etc. prior to providing services. Especially for providers just completing training, it is important the agreement allows you sufficient time to complete all contingencies before employment begins. If you are hesitant about your ability to complete the requirements before the start date written in the contract, there are changes to the contract you may be able to request, although there is no guarantee the employer will accept. First, you can request a later start date to give you sufficient time. Second, you can ensure there is language recognizing that the parties may agree on a later start date without terminating the agreement. Although the parties almost always have the option to modify contract terms, including language specifically referencing the ability to modify the start date is useful to set clear expectations. In our experience, clear expectations help avoid future disputes.
contracts, it is easy for the entity name to be mistyped, written in an abbreviated or well-known form, or somehow written incorrectly, especially for those individuals operating many similar entities. There is generally no substantial penalty for such an error, however, it can cause unnecessary trouble should a contract dispute arise, including placing the rights, duties, and liabilities under the contract on the individual who signed as the nonexistent entity. This post intends to alert our business readers of this easily avoidable pitfall and provide an overview of how Georgia courts handle such situations.
laboratories. A compliance question faced by many of our clients, particularly those who conduct COVID-19 testing, is how to properly maintain and share patient records. Herein, we note some of the rules around retaining and sharing patient records under Georgia law for clinical laboratories.
outlining the mission and purpose of the business, the next step for our 
useful when managed correctly, these clinics are widely thought to be part of the cause for the opioid epidemic. Georgia citizens suffered and continue to suffer from the opioid epidemic, but, in 2013, Georgia took a large step toward reducing the drug problem by enacting House Bill 178 (“HB 178”) known as the Georgia Pain Management Clinic Act. Before any of our clients become involved with a pain management clinic in Georgia, we immediately advise them of the following three facts.
practice. In Georgia, the Georgia Composite Medical Board (“GCMB”) is the state licensing board which determines whether a license application of a physician, physician assistant, respiratory care professional, perfusionist, acupuncturists, orthotist, prosthetist, auricular detoxification specialist, resident trainee, cosmetic laser practitioner, pain management clinic and medical geneticist is granted and in good standing. The GCMB also is authorized to investigate and impose discipline as to practitioners who may be failing to comply with professional, ethical or other licensure standards. The Georgia Board of Dentistry and Georgia Board of Nursing serve similar roles for practitioners in those areas of healthcare.
the Georgia Composite Medical Board (“GCMB”). Herein, we discuss a tool available to any physician who believes strict application of Georgia’s rules and regulations would create an undue hardship on the physician.
year tonight. Happy 2021!
week’s post, we discuss the propriety of declaratory judgments as a litigation tool.
Ralphie wrote: “A Red Ryder BB gun with a compass in the stock, and this thing which tells time.” Analyzing Ralphie’s literary genius, he gave Miss Shields three enticing facts: the main description, a vital component, and an interesting addition. Following suit, I will provide three enticing facts of CMS’ new proposed rule.