News & Analysis as of

Hospitals Hiring & Firing Physicians

Hanson Bridgett

SB 1451 Updates Some Requirements for 103 and 104 Nurse Practitioners

Hanson Bridgett on

Nurse practitioners who practice pursuant to Sections 2837.103 and 2837.104 of the California Business and Professions Code may practice independently, without standardized procedures, in certain settings....more

Dickinson Wright

Physician Recruitment: How Hospitals Can Comply With Stark Law While Recruiting Top Talent

Dickinson Wright on

Hospitals play a vital role in ensuring the well-being of communities by recruiting and employing skilled physicians. However, physician recruitment in compliance with the Stark Law can be a complex task for hospital...more

Husch Blackwell LLP

False Claims Act Update: A Mid-Year Review (2023)

Husch Blackwell LLP on

The Supreme Court issued a number of headline-grabbing decisions this term on topics like religious accommodation, LGBTQ protections, and consideration of race in college admissions. These decisions are wide-reaching and...more

Jackson Lewis P.C.

Enforceability of Physician Non-Compete Agreements

Jackson Lewis P.C. on

Non-compete covenants in physician employment and shareholder agreements are common practice. Whether they are legally enforceable as drafted varies from state to state. Some states have broad interpretations of...more

Polsinelli

Prescription Practices Called into Question: Iowa Court Applies Four-Factor Test to Physician’s Defamation Claim Based on Report...

Polsinelli on

The Supreme Court of Iowa recently reversed the judgment of a district court and remanded the matter with instructions to enter summary judgment in favor of Hamilton County Public Hospital, operating as Van Diest Medical...more

Fisher Phillips

Independent Contractor vs. Employee: Federal Appeals Court Instructs How to Structure Physician Agreements To Avoid...

Fisher Phillips on

While the use of independent contractors in the healthcare industry has been a longstanding practice, it is now front and center as the gig economy continues to expand across several industries and the preference for...more

Sheppard Mullin Richter & Hampton LLP

Top 10 Questions Asked By Medical Group Clients In Response To COVID-19

In response to COVID-19, medical groups are doing their best to care for patients and ensure the safety of their contracted and employed healthcare providers in the face of this new virus. Given the scope of the virus and the...more

McDermott Will & Emery

Florida’s HB 1243 Stalls, but Restrictive Covenant Provisions Move Forward

Florida’s HB 1243, with its proposed reporting requirements that would have directly affected timelines for health care transactions, particularly those involving hospitals or medical practices with four or more physicians,...more

Nossaman LLP

$3.8 Million Awarded to Physician Serves as Important Reminder About Fair Hearing Rights

Nossaman LLP on

In a decision affecting California hospitals, medical groups, medical staffs, and physicians, the California First District Court of Appeal has concluded that a physician’s notice and hearing rights apply to situations where...more

Polsinelli

California Hospitals Cannot Use an Exclusive Contract to do an End-Run around a Medical Staff Member’s Right to Notice and a Fair...

Polsinelli on

Economy v. Sutter East Bay Hospitals (Feb. 4, 2019, A150211, A150738, A150962) __ Cal.App.5th __ [2019 WL 422346] - The California First District Court of Appeal has addressed an issue often dealt with by hospitals with...more

Fisher Phillips

3.8 Million Reasons Why Proper Process in Physician Discipline Matters

Fisher Phillips on

Any avid watcher of medical dramas would tell you that a hospital always has the ability to cut ties with any doctor who is not up to snuff. (For podcast fans we highly recommend Dr. Death.) They would tell you this is...more

Fisher Phillips

7 Steps To Sever Ties With An Employed Physician

Fisher Phillips on

It is always unpleasant for a healthcare entity or medical practice to have to sever ties with an employed physician, but it is sometimes necessary. Perhaps the physician has committed serious policy violations or lost an...more

Sheppard Mullin Richter & Hampton LLP

California State Assembly Approves Bill on Rural Hospital Physician Employment

A bill that would permit rural hospitals to directly employ physicians has been approved by the California State Assembly. Assembly Bill 2024, authored by Jim Wood (D-Healdsburg), will be considered next by the Senate Health...more

Hinshaw & Culbertson LLP

A Recent Illinois Decision Explains How to Deal with Medical Staff Claims

The Illinois Supreme Court released a decision on May 19, 2016 that provides useful guidance in defending and protecting a claim by a medical staff member against a hospital for improperly failing to appoint or reappoint or...more

Foley Hoag LLP

SJC Rules in Employment Discrimination Cases a Plaintiff Need Only Show the Reason for Discharge was Untrue to Survive Summary...

Foley Hoag LLP on

On February 29, 2016, the Massachusetts Supreme Judicial Court (“SJC”), in Bulwer v. Mount Auburn Hospital, articulated the type of evidence required for a plaintiff to survive summary judgment and have his claims heard by a...more

Fisher Phillips

Was This Doctor A "Good Fit"?

Fisher Phillips on

A Wisconsin hospital scored an important victory in a recent failure-to-hire case involving an allegation of race discrimination. The underlying facts offer a timely reminder to all healthcare employers about what is...more

Fenwick & West LLP

Ninth Circuit Reviews Enforceability of Waiver of Right to Reemployment

Fenwick & West LLP on

Does California Business and Professions Code § 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is maybe, according to the Ninth Circuit’s recent decision in Golden v. Calif....more

Faegre Drinker Biddle & Reath LLP

Peer Review Concludes with Termination of Reviewer

You read that correctly: the hospital fired the physician who did the reviewing in a medical staff peer review proceeding. Hospital executives present at the proceeding felt the reviewing physician was too harsh in...more

Pillsbury Winthrop Shaw Pittman LLP

Caught Between Laws: Challenges for Health Care Providers in Using Criminal History Information in Employment Decisions

In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more

Tucker Arensberg, P.C.

Hospital Recovers Income Guarantee Payments from Suspended Physician

It should come as no surprise there are cases in which hospitals seek to and actually do recover income guarantee payments made to physicians whom, either through termination of employment or loss of hospital privileges, fail...more

Epstein Becker & Green

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

Epstein Becker & Green on

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Nossaman LLP

What Has Fahlen Wrought?

Nossaman LLP on

The California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals has confirmed (not created) a sea change in the relations between hospitals and their medical staffs on the one hand, and physicians on such...more

U.S. Equal Employment Opportunity Commission...

Baptist Health South Florida Sued by EEOC for Disability Discrimination

Physician With Epilepsy Denied a Reasonable Accommodation and Fired by Coral Gables Doctor's Hospital, Federal Agency Charged - MIAMI - Baptist Health South Florida, a Miami-based hospital system, violated federal law...more

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