Are you currently working pursuant to an employment or contractor agreement that you signed immediately upon receipt? Did you receive an agreement to sign on your first day at your current position with no meaningful time to review or consider the agreement? Too many individuals sign employment and contractor agreements either without reading them (either due to lack of time or misunderstanding as to enforceability) or, once having read them, making the incorrect assumption that all terms are “non-negotiable”. More often than not, the terms are definitely negotiable and, even if they truly are not, a dialog about what the terms mean and the reasoning behind their inclusion in the agreement can provide critical insight into the employer’s motivation and practices.
This session will provide an overview of how to read and interpret a typical physician or health care provider employment or contractor agreement. It is critical that any agreement that an employee or contractor is required to sign be provided to the employee or contractor well in advance of the start date with plenty of time and opportunity to review and revise as needed. The presenter will begin by outlining the difference between being an employee and a contractor, and what the ramifications are of each classification, as well as providing a general overview of other basic business considerations when considering an employment or contractor position of any kind. Attendees will learn how to interpret basic agreement terms and learn how to eliminate the term “boilerplate” and “legalese” from their vocabulary when considering such contracts. Every single word in a contract is there for a reason, just because the reason is legal compliance does not mean an employee or contractor should brush off the need to understand those words!
Gina Campanella, focuses on Corporate counsel healthcare regulatory and transactional matters federally and in New Jersey, New York, Vermont, the District of Columbia and Pennsylvania. She has assisted clients with transactional services and regulatory compliance consulting, as well as general counsel services to small practices and large societies and medical groups alike. Clients also seek her expertise when reviewing employment agreements, formation of new practices, separation from and sale of practices, business structuring, and surgical center licensing and registration, including preparation for Department of Health, AAAHC and AAAASF surveys of licensed and Medicare deemed facilities, as well as preparation and implementation of resulting plans of correction. She lectures nationally on issues of health care law and compliance for events and organizations such as: the New Jersey Association of Osteopathic Physicians and Surgeons, the Atlantic Regional Osteopathic Conference, the New Jersey Chapter of the American College of Emergency Physicians, the New Jersey Podiatric Medical Society, the Health Care Compliance Association, the New Jersey Medical Group Management Association, the New York Medical Group management Association, Columbia University Medical School, the Advanced Emergency & Acute Care Medicine CME Conference, the CentraState Medical Center Practice Managers Group, Bassett Medical Center Medical Staff, the New Jersey State Society of Physician Assistants, MentorHealth and Skillacquire.