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Medical Director Agreement Template for United States

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Key Requirements PROMPT example:

Medical Director Agreement

"I need a Medical Director Agreement for our small specialty clinic in California, where the director will work 20 hours per month focusing on quality improvement and staff supervision, starting March 1, 2025, with strong non-compete provisions and clear performance metrics."

Document background
The Medical Director Agreement serves as the cornerstone document for healthcare facilities requiring physician leadership and oversight. This agreement is essential in the United States healthcare system where regulatory compliance, quality of care, and proper administration are paramount. The document typically outlines specific duties, time commitments, compensation arrangements that meet fair market value requirements, and compliance with federal laws such as Stark Law and Anti-Kickback Statute. It's particularly crucial for establishing clear expectations, ensuring regulatory compliance, and protecting both the facility's and physician's interests in the administrative relationship.
Suggested Sections

1. Parties: Identification of the healthcare facility and medical director

2. Background: Context of the agreement and purpose of the medical director position

3. Definitions: Key terms used throughout the agreement including regulatory references

4. Appointment and Term: Duration of agreement and renewal terms

5. Duties and Responsibilities: Detailed description of medical director's obligations and compliance requirements

6. Time Commitment: Expected hours and documentation requirements

7. Compensation: Payment terms, including rate and payment schedule

8. Compliance with Laws: Obligations under Stark Law, Anti-Kickback Statute, and other applicable regulations

9. Representations and Warranties: Statements regarding qualifications, licenses, and compliance status

10. Termination: Conditions and procedures for ending the agreement

11. General Provisions: Standard contractual terms including governing law, notices, and amendments

Optional Sections

1. Non-Compete: Restrictions on competing activities within specified geographic area and time period

2. Intellectual Property: Ownership of work product and innovations developed during the term

3. Insurance: Professional liability coverage requirements and specifications

4. Quality Metrics: Specific performance indicators and measurement criteria

5. Indemnification: Mutual or one-way indemnification obligations

Suggested Schedules

1. Schedule A - Detailed Duties and Responsibilities: Comprehensive list of medical director's specific duties and obligations

2. Schedule B - Compensation Details: Detailed breakdown of compensation structure including hourly rates and payment terms

3. Schedule C - Time Recording Requirements: Specific documentation requirements for time spent on medical director duties

4. Schedule D - Quality Metrics and Performance Standards: Detailed performance indicators and measurement criteria

5. Schedule E - Compliance Policies: Relevant facility policies and procedures that must be followed

6. Schedule F - Required Reports: List of required reports and their frequency

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Stark Law: Federal law prohibiting physicians from referring Medicare/Medicaid patients to entities with which they have a financial relationship

Anti-Kickback Statute: Federal law prohibiting the exchange of anything of value to induce or reward referrals of federal healthcare program business

HIPAA: Health Insurance Portability and Accountability Act governing privacy, security, and confidentiality of patient health information

False Claims Act: Federal law imposing liability on persons/companies who defraud governmental programs including Medicare/Medicaid

Civil Monetary Penalties Law: Provides for monetary penalties against individuals/entities who submit false claims to federal healthcare programs

Fair Labor Standards Act: Federal law establishing standards for wage, overtime pay, recordkeeping, and employment conditions

Americans with Disabilities Act: Federal law prohibiting discrimination against individuals with disabilities in employment and other areas

State Medical Practice Acts: State-specific laws governing the practice of medicine, licensing requirements, and scope of practice

Corporate Practice of Medicine: State-specific doctrines regulating the relationship between medical professionals and corporate entities

Medical Staff Bylaws: Professional standards and rules governing medical staff organization and conduct within healthcare facilities

Fair Market Value Requirements: Regulations requiring compensation to be consistent with fair market value to avoid fraud and abuse

Joint Commission Requirements: Standards and requirements set by the Joint Commission for healthcare organization accreditation

Medicare/Medicaid Regulations: Federal regulations governing participation in and billing to Medicare and Medicaid programs

State Privacy Laws: State-specific regulations regarding patient privacy and data protection, often more stringent than HIPAA

Compliance Documentation Requirements: Regulations requiring specific documentation of services, time tracking, and performance metrics for medical directors

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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