Healthcare Employment Issues

Staff Privileges, Credentialing and Peer Review

We believe that prior licensing and/or employment issues should not automatically prevent a physician from obtaining employment and privileges. We advocate on behalf of health professionals with blemished licenses and employment histories, to ensure that their application for employment and staff privileges is given fair consideration. We also assist physicians who have had their hospital privileges suspended or terminated.

The peer review process is established by the hospital board to regularly review and monitor medical staff. But there are instances when a health care professional receives an adverse determination by a hospital’s formal hearing panel, also known as a sham peer review. If you are confronted with a challenge to your hospital staff privileges or by a potential adverse hospital credentialing matter, we can help you.

National Practitioner Data Bank (NPDB)

The NPDB is a repository of reports containing information on medical malpractice payments and certain adverse actions related to health care practitioners, providers and suppliers. Both were established to help prevent practitioners from moving state-to-state without disclosure or discovery of previous damaging performance. The peer review process is designed to fairly identify incompetent medical staff, remediate if possible, and, if necessary, report to the NPDB.

Being reported to the NPDB can have significant consequences to your livelihood — you may have issues obtaining state licenses and hospital privileges, may be excluded from Medicare and Medicaid programs, and you could possibly lose the ability to work in the health care field. Chapman Law Group attorneys can assist you in disputing and/or appealing the report.

Employment Contracts

We assist health care professionals and employers with drafting, reviewing and negotiating employment contracts — including physician employment contracts, resident employment contracts, and medical director agreements. We assist in review to be sure that the professional fully understands the terms of employment, and that the contract or agreement does not violate federal or state fraud and abuse laws.

Non-Compete Agreements

Non-compete agreements, also called restrictive covenants, are very common in today’s employment contracts. Our attorneys have years of experience in reviewing. We can interpreting these agreements and explain the employer’s terms and your requirements should you leave the employment. Attorney review of the documents is important because we may be able to negotiate more favorable terms for you, and we will make sure you fully understand the terms and potential issues you may encounter in the future.

Confidentiality Agreements

Our attorneys have significant experience reviewing, interpreting and drafting confidentiality agreements for health care practitioners and businesses. The terms of these agreements vary greatly and can be difficult for individuals and businesses to fully comprehend. Creating an agreement with terms satisfactory to both parties will allow them to enter into a meaningful agreement and, hopefully, enjoy a successful business relationship.

Marketing Agreements

We assist in review of marketing agreements between sales representatives and health care employers. Federal and state fraud and abuse laws carry heavy civil and criminal penalties for individuals and employers that use improper methods to obtain patients. Therefore, it is important for both sales representatives and health care employers to make sure their marketing agreements and employed marketing tactics do not violate fraud and abuse laws.

VA Health Care Employment Issues – Title 38 and Title 5

As a federal health care employee (i.e., doctor, nurse, dentist) with the Veteran’s Administration (VA), you are entitled to certain rights and privileges related to your continued employment and retirement. In general, you cannot be subject to disciplinary action except for “just and sufficient cause” properly directed against you by the VA. If you feel you have been unfairly disciplined or terminated, Chapman Law Group can assist in explaining and upholding your rights.

Unemployment Appeals

As a licensed professional in the field of health care, you face not one but two issues when you are terminated. First, you will receive a letter of investigation from your licensing board, putting your license in jeopardy. Second, your claim for unemployment compensation can be denied if you were terminated for cause. In both cases, our attorneys can work with you to keep your license safe and appeal your unemployment compensation denial.