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Physician Contracting 101 – Rickard & Associates

Physician contracts are often complicated and have unique terms. We help our clients understand the terms and negotiate their contracts.

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Many of our clients are physicians who are negotiating or renegotiating their employment contracts with their employers. Sometimes these are with health systems, hospitals, or small physician offices.

We also have clients come to us with issues after they negotiated their own contracts.

Physician contracts are unique, as they have standard employment terms, healthcare terms, and a variety of terms from the employer related to the employer, the specialty, productivity and more.

When reviewing your physician contract, make sure that you fully understand the following:

  1. Termination provisions. How can your employer terminate your agreement and how much notice are you entitled to? 90 days? more? It is essential that you know how you can be terminated and what other provisions are then invoked. If you are terminated, does that trigger repayment or non-compete provisions? Make sure you fully understand all potential consequences of termination.
  2. Breach provisions. Some physician contracts spell out a variety of breach remedies that are in addition to the remedies under the law. We have seen some extreme remedies, such as specific performance and paying liquidated damages. It is essential that you know of any potential remedies that they have.
  3. Repayment provisions. Upon expiration or termination of the agreement, are you required to repay anything? Sometimes there are requirements to repay moving bonuses, signing bonuses, etc. This could be a large amount that is due very quickly. Make sure that you know and plan for any potential repayments.
  4. Non-compete provisions. We always caution physicians against entering into agreements with non-compete provisions. While this isn’t always possible, non-compete provisions can impact your ability to work in the future. You need to know what triggers a non-compete, if there is anything you can do to work around the non-compete, and how broad the non-compete is.
  5. Compensation provisions. Compensation is often the most important provision for our clients. However, these sections are often muddled and confusing. Sometimes contracts are even silent as to how compensation will be determined in future years of the contract. Other physician contracts have productivity based compensation, which can be concerning as it leaves a lot of discretion to the employer. We recommend getting a guaranteed compensation amount for as long as possible, depending on your circumstances.

And more.

We have seen a trend of physician contracts becoming more and more complex and burdensome on the physicians.

It is essential that you negotiate your contract fully before you start work and that you fully understand your agreement.

We recommend working with an experienced healthcare attorney so that you do not tarnish your relationship with the employer and so that you are made aware of any potential pitfalls.

If you need help reviewing or negotiating your physician agreement, we can help. Contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

What is Probate?

What is Probate?

Probate is a court process that your estate will go through after you pass away. The probate court will distribute your estate and make decisions regarding your estate.

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Many of our clients come to us without an understanding of probate or having had a bad experience with the probate court and wanting to keep their estate out of probate.

If you die without a written estate plan, your estate must go through probate before your money can be distributed to your heirs. Where will your money go? It will follow the intestacy laws of your state.

If you die with a will, your estate will also go through probate.

The only way to avoid probate is to have a trust and fully fund your trust. This means that you need to put all of your assets into your trust during your lifetime.

While probate will make decisions and divide your assets, many people wish to avoid probate because it can take years to complete and the attorney fees and court costs can take a sizeable chunk out of your estate.

Probate proceedings are also publicwhich means that anyone can view your assets and your decisions set out in your will.

We help our clients look at all of their options regarding their estate plan. Because of the issues associated with probate, many of our clients opt to utilize a Living Trust for their estate plan.

If you have questions about which estate plan is the right choice for you and your family, contact us today.

We can walk you through the differences between the laws of the state, a will and a trust.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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The post What is Probate? appeared first on Rickard & Associates.

Recession could be just what the doctor ordered for the economy

Scotiabank chief economist says downturn could jostle the economy into a more normal, productive future

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Published April 21, 2023 • 3 minute read

Scotiabank chief economist Jean-François Perrault says that while the central banks won't come out and say it, a recession seems to be just what the doctor ordered.
Scotiabank chief economist Jean-François Perrault says that while the central banks won’t come out and say it, a recession seems to be just what the doctor ordered. Photo by Peter J Thompson/National Post/File Photo

We may be in for some rocky months, but a recession later this year could ultimately help jostle the economy back to a state of normalcy, the Bank of Nova Scotia’s chief economist said this week.

Speaking at the Canadian Fintech Summit in Toronto on April 19, Jean-François Perrault made the case that the past decade-plus has been anything but normal, in economic terms.

Central banks first kept interest rates at historic lows following the global financial crisis in 2008 and then boosted them rapidly in the post-pandemic period to stamp out high inflation. That has created economic imbalances.

But the recycling capital that takes place during a recession — and Perrault, like a number of other leading economists, expects one this year — could reset things.

“(A recession) does create conditions for a different perspective on risk appetite, a different perspective on where capital comes from, and despite the fact that things are slowing down, to some extent, the greater diversification of where capital is going into the economy ,” Perrault said. “And that, I think, ultimately is a very positive thing. It actually sets the stage for rebound after the recession.”

Some firms will not survive the economic accounting, of course.

“But as those firms fail, as firms exit certain sectors, it creates opportunities for others or allows capital to move from one part of the economy where it’s less productive, to another part of the economy where it’s more productive,” he said.

In a more normalized environment, he sees the Bank of Canada leaving interest rates in the two to three per cent range, which would be in line with the central bank’s neutral rate range, which is meant to neither contribute to nor hinder economic growth. In this return to normal, Perrault also expects that risk appetite will grow.

To get to that two to three per cent range, the bank will have to reverse course and start cutting interest rates.

For the past two monetary policy decisions, it has kept rates on hold to assess how the cumulative 4.25 per cent increase since early 2022 has affected the economy. Rate increases have a lagging impact and many economists believe the full brunt of the rate increases has not been felt.

“We are at a point now where the conversation is much more about when are central banks going to cut rates and how low do they go once they start cutting,” Perrault said. “And this is where history is a little bit of a tricky thing. We think, for example, the Bank of Canada and the Fed will start cutting rates early next year.”

The Bank of Canada expects it will reach its goal of bringing inflation down to its two per cent target from the March reading of 4.3 per cent by 2024. It’s not clear whether the central bank will cut rates in that same timeframe, but it appears to be what markets are pricing in and what economists are expecting. However, governor Tiff Macklem said it was too soon to be talking about rate cuts right now.

Perrault said that while the central banks won’t come out and say it, a recession seems to be just what the doctor ordered.

“Central banks are a little bit late to the game, so they are tightening a little bit too slowly and as a result, they have to raise rates more than we anticipated,” Perrault said. “Now, they’re not going to go out there and say ‘We want to create a recession’ — of course not. But the reality is that when the central bank has historically tightened a lot, and there are a few episodes of this, they tend to trigger recessions.”

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My Loved One Passed Away – What Do I Need To Do?

Losing a loved one is incredibly hard. We help our clients with the administrative and legal aspects following the death of a loved one.

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When a loved one dies, there are many things to do and many are time sensitive.

First, there are many practical items to consider. These may include:

  • Finding care for any pets;
  • Determining if there are funeral instructions, arrangements, or prepayments;
  • Notifying family and friends;
  • Preparing an obituary;
  • Securing the home, and many other practical items.

After the initial matters have been addressed, it is important to know whether there is an estate plan.

The trustee must be notified so that they can take action, pursuant to the terms of the estate plan.

Even if no estate plan exists, surviving loved ones should still take action to:

  • Determine any professional advisors, such as financial advisors, lawyers, etc.;
  • Obtain copies of the death certificate; and
  • locate any life insurance policies, bank statements, and other legal documents.

The administrative side of losing a loved one can be overwhelming.

We help our clients walk through this critical and trying time to help make the process as smooth as possible.

If you need help with your estate plan or following the death of a loved one, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Groves coffee house gets new owners, expands to Orange County – Port Arthur News

Groves coffee house gets new owners, expands to Orange County

Published 12:22 am Friday, April 7, 2023

One of the drinks offered at Sundara. (Courtesy photo)

GROVES — Paul Borel was a long time customer of Sundara Coffee House & Grill before he became the owner.

Borel would go to the Groves shop daily for what he described as the best coffee he’s ever had, which was created by original owners Herb and Cindy Kreutzer.

The business changed hands and later, when a different owner considered closing Sundara, Borel made an offer.

“It’s been a part of the Groves community for years,” Borel said. “I’m born and raised in Groves and wanted to keep it alive. I have nothing but admiration for Herb and Cindy, and I want to keep their legacy going.”

Borel also worried about the dedicated employees, saying he couldn’t let them lose their jobs.

Sundara serves freshly made baked items. (Courtesy photo)

The allure of the roast

Borel is enamored with the coffee that the Kreutzers serve, and he continues to serve it.

“Herb and Cindy did some extensive research and they came up with a special blend of three different beans from Mexico, Columbia and Brazil and they experimented with a roasting company until they found the exact way to roast the beans,” he said.

“It is specific to Sundara, and Sundara is the only place you can have it. It is a unique flavour; once you taste it you won’t want coffee from anywhere else. I really believe that. I would go every day before I was the owner.

Adrian Todd, Sundara’s general manager, has a long history of working in the restaurant business and is capable of juggling the necessary duties, as well as acting as a barista, cooking and running supplies to the Orangefield location.

He said the most popular drink is the caramel frappe.

Todd said it is similar to what one might get at another coffee shop nearby.

“But it’s made with love, that’s what I like to say,” Todd said.

He is in the process of developing a drink specifically for the City of Groves. Todd did some research and learned from Groves’ ties to pecans.

“A pecan praline frappe,” he said of what the Groves-inspired drink would be. “I did some surveys beforehand and asked folks if they would buy it, and they found it enticing. I have people still pressing me to know when (I will do it.)”

atmosphere

Todd said the atmosphere at Sundara is community driven, even if there is a well-known coffee chain business down the street.

“This is the place where folks can run into their neighbors, run into their friends and sit outside and talk,” Todd said. “I spent 20 years in San Antonio in the restaurant business. Coffee shops like this have always been special to me because that’s where I would hang out in San Antonio, where I would go.”

Todd isn’t looking to reinvent the wheel at Sundara. He wanted to keep the original legacy alive and breathe some fresh air into the shop, he said.

Sundara’s Orangefield location is at 6381 FM 1442 — the corner of FM 105 and FM 1442. (Courtesy photo)

Orangefield

The Orangefield location at 6381 FM 1442 — the corner of FM 105 and FM 1442 — opened in December and, currently, serves the coffees with a few exceptions.

Borel said they send soups and baked goods to Orangefield which are cooked in the Groves location.

He said the public reaction has been overwhelming.

“It’s amazing the support we’ve gotten, the likes and responses we got,” Borel said.

Like the Groves community, the Orangefield community welcomed Sundara with open arms, he said.

Future

Borel is looking to become more involved in the community and collaborate with other local businesses. He’s already on that path with a Sundara loyalty card that, after a certain amount of purchases, the card bearer can get a free car wash at a local business.

Employees of that business are then able to get discounts on their purchases at the coffee house.

Borel looks to add more businesses to the card, he said.

The future of the Orangefield location includes the possibility of adding a kitchen, he added.

What is the Cost of a Data Breach?

A recent study found that the total average cost of a healthcare breach is $10.10 million. Can your healthcare practice afford a breach?

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Can your healthcare practice afford a breach? Most healthcare entities cannot.

Since 2020, healthcare breach costs have risen by 42%.

As we know healthcare breaches are incessant, it is important to understand trends.

The trends that have emerged over the past few years are:

  1. Repeat attacks. Many healthcare entities have seen repeat attacks. Organizations with automated security systems were able to shorten the breach lifecycle and mitigate the damage caused by the breach.
  2. Consistent causes. The most common cause of data breaches were stolen credentials. Ransomware also continues to plague healthcare entities, with ransomware increasing by 41% in the last year.
  3. Consistent place. The most common place for data breaches to occur is in the cloud.

While data breaches can be threatening, there are also good trends that have emerged over the past few years. These include:

  1. Automated security shortens breach lifecycles. When possible, make sure that your updates are automated and all security patches are up to date. Having sufficient security measures in place is your first line of defense for a cyber attack or breach.
  2. Shorter breach lifecycles mean lower costs. The quicker your practice is being able to audit the damage and get up and running after a breach, the less money the breach will cost.
  3. Having appropriate policies and procedures with well-trained employees leads to shorter lifecycles. When your staff knows how to handle a breach, they can act quickly and mitigate the damage caused by the breach. This is essential when trying to get your practice back online and keep your patients’ protected health information unaffected.

So how can you protect your practice?

  1. Work with your healthcare attorney to ensure that your HIPAA risk assessment is up to date and your security measures are sufficient.
  2. Test your breach readiness plan often.
  3. Make sure your policies and procedures clearly detail how to proceed in the event of a breach.
  4. Train your employees. We help our clients train their employees to know what to look for and what steps to take to respond to a breach right away.

If you have questions or need help with your healthcare breach readiness and response or HIPAA risk assessment, contact Rickard & Associates today.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

How Do I Escape My Non-Compete Clause?

In healthcare, there has been a large expansion in non-compete clauses. Many of our clients would like to find a way out of their non-compete clause when looking to leave their current employment.

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The first way to avoid breaching a non-compete clause is to have your attorney negotiate a contract without a non-compete clause before beginning your employment.

Sometimes, non-compete clauses are unavoidable. So what can you do in that situation?

  1. Make sure you understand the language of your non-compete. Are there any exceptions? Were any hospitals carved out or possibly an exception was made for entering into private practice? If you are looking to waive a non-compete, first have a healthcare attorney carefully review the provision for possible exceptions. You can also attempt to provide services that are not included in the language of the non-compete.
  2. Propose an amendment waiving the clause. We often work with clients who entered into non-compete agreements to help them see if they can enter into an amendment waiving their non-compete. Sometimes this is as simple as having a discussion with your employer and preparing a short amendment to your contract. However, sometimes complicated negotiations take place to come to an agreed compromise.
  3. Litigate the clause. This would be an extreme course of action, however, we have litigated non-compete clauses for our clients. While we don’t typically recommend litigation, there are exceptions to every rule. Litigation is costly and there is no way to know if the non-compete clause will be deemed reasonable or not. If it is reasonable, you will have spent time and money on a court case and still have to abide by the non-compete clause. However, if your clause is truly unreasonable and prevents you from earning a livelihood, it is worth discussing litigation with your attorney. Sometimes you will be forced to litigate if your employer sues you for breaching the non-compete, if they believe you are in breach.
  4. Work outside of the clause. While this may not be what you want to hear, sometimes it is essential to work outside the geographical limitations during the restricted time period. Once that time is up, you can start working in the area that was previously restricted.

Some of our clients ask us if they can simply risk it and ignore the non-compete provision. This is a very risky strategy, as the employer might sue them to breach and start a costly court battle. There might also be other clauses that this would trigger in the contract, such as indemnification.

Whatever the case, all non-competes are different and we always recommend meeting with an experienced attorney prior to agreeing to a non-compete or trying to work around a non-compete.

If you have questions or need help with your healthcare contract or your non-compete clause, contact Rickard & Associates today.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Telehealth in 2023 – Rickard & Associates

Healthcare continues to utilize telehealth platforms for appointments and various services. This will continue into the new year, thanks to legislative updates.

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While telehealth continues to expand and change, there are several notable updates.

So what’s new?

In Michigan, the Governor just signed a bill allowing psychologists to use telehealth with clients in multiple states. They will be able to temporarily offer in-person services in other states.

Michigan entered the Psychology Interjurisdictional Compact (PSYPACT). While psychologists will not have to be licensed to practice in other states, they will need to pay a fee to offer services in other states.

Further, a bipartisan omnibus appropriations bill from Congress included a two-year extension for Medicare telehealth flexibilities. The bill will be voted on shortly.

Overall the trend of supporting and encouraging the expansion of telehealth continues. However, this could change at any time.

If you are thinking of offering telehealth services, or if you already offer these remote services, it is essential that you stay up to date on current regulations.

We help our clients stay aware of changes to relevant regulations that impact their practices.

No matter the regulations, we encourage our practices to utilize the best technology available to them to protect their telehealth services.

Privacy and security are of the upmost importance when offering remote care. Patients need to know that their information is protected and their appointments are secure.

Your staff must be trained so that they understand that telehealth appointments and procedures should be as secure as in-person visits.

If you have questions or need help with your healthcare practice’s legal needs, contact Rickard & Associates today.

We know you’re busy. Subscribe to our blog to get updates and news sent directly to your inbox!

We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.