How to Remain Compliant When Physician Recruitment Arrangements Go Awry
Wednesday, August 13, 2008
1:00-2:30 pm Eastern (12:00-1:30 pm CT; 11:00 am-12:30 pm MT; 10:00-11:30 am PT; 9:00-10:30 am AT; 7:00-8:30 am HT)
This teleconference will provide guidance for providers on remaining compliant with federal laws when physician recruitment arrangements cannot be implemented as originally documented, due to breach of contract or other reasons. The teleconference will focus on questions such as:
- If the physician is going to remain in the community as a potential referral source, how can the provider resolve the situation without exposing itself to "stay in the favor" arguments or an allegation of an improper inducement?
- Is the hospital obligated to sue the physician for unpaid loans, for example, or can the hospital give up some of its claim for past benefits conferred to reach a settlement?
- Has the government chosen to impose sanctions on either party when a physician recruitment agreement is not performed as originally documented, and if so, what factors led to that decision?
What factors has the government looked to in various cases to determine compliance when parties attempt to resolve contractual disputes and/or changes in circumstances that make performance as originally documented more difficult or impracticable?