Hospital Negotiations

hospital-negotiations

When you have been a Pennsylvania physicians’ lawyer for as long as I have, you tend to develop a certain frustration with hospitals.

In 2009 I set forth a carefully considered speculation on what rules hospitals follow when they negotiate physician employment agreements and medical practice sales agreements with Pennsylvania physicians.  (OK, it was actually a rant about negotiating with hospitals).  I would love to say that things are completely different now.  Or even much different now.  Or, maybe a little different now.

Unfortunately, I think the rules I discovered as I have represented physicians over the years in hospital employment agreements and medical practice sales are still very much enforced by your friendly neighborhood health conglomerate. These rules are as follows:

Hospital Rules for Negotiating With Physicians’ Lawyers

1. We are in a great hurry. There is a deadline of _________.
2. It is unreasonable for the physician’s lawyer to change anything – that will slow the deal down.
3. Every time the physician’s lawyer does change something, we must take a week or two to get it through legal.
4. When it comes out of our legal, the physicians’ lawyer must respond immediately. See #1.
5. The fraud and abuse laws prevent us from _______ (fill in the blank).
6. If you had a real attorney, s/he would know that the deal must be 100% the way we want it. See #5. If the physicians’ lawyer disputes that simple fact, it is proof the poor fool does not know Stark.
7. We are a not-for-profit. Therefore, everything we do is for the community benefit. If the physician’s lawyer tries to get something for the physician out of the deal, it is because the physician’s lawyer and the physician are greedy.

What have I missed?

Image Courtesy of PathDoc/Shutterstock

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkedin
Dennis Hursh

Dennis Hursh

Dennis Hursh has been providing healthcare legal services in Pennsylvania since 1982. Since 1992, he has been a physician's lawyer serving as Managing Partner of Physician Agreements Health Law. Dennis has devoted his life to serving physicians and physician organizations, such as POs, IPAs, CINs and medical practices. He is the author of the definitive book on physician contracts "The Final Hurdle - a Physician's Guide to Negotiating a Fair Employment Agreement, and a frequent lecturer on physician employment agreements.

Leave a Comment

Your email address will not be published. Required fields are marked *

Get a Free Phone Consult

Physician Employment Agreement Checklist

Get your free checklist now

Please enter your name and email, and I'll send you the free checklist

    Powered By ConvertKit