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Sale Of Medical Practice Agreement Template for United States

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Key Requirements PROMPT example:

Sale Of Medical Practice Agreement

"I need a Sale Of Medical Practice Agreement for selling my small family medical practice in Colorado to a large healthcare group, with specific provisions for transitioning my staff of 5 employees and maintaining continuity of care for approximately 2,000 active patients during the handover planned for March 2025."

Document background
The Sale Of Medical Practice Agreement is essential when a physician or medical group wishes to sell their practice to another healthcare provider or organization. This document is particularly relevant in the United States, where healthcare transactions must comply with complex federal and state regulations. The agreement addresses crucial elements such as patient record transfers, HIPAA compliance, medical equipment transfer, staff transitions, and ongoing practice operations. It's designed to protect both parties while ensuring continuous patient care and regulatory compliance. The document becomes necessary during retirement, relocation, practice merger, or any situation requiring the transfer of a medical practice's ownership.
Suggested Sections

1. Parties: Identification of seller and buyer, including legal entities

2. Background: Context of the sale and brief description of the medical practice

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core transaction terms including assets being transferred

5. Purchase Price and Payment: Financial terms including payment structure and timing

6. Closing Conditions: Prerequisites for completing the transaction

7. Representations and Warranties: Statements of fact by both parties regarding the practice, compliance, and authority to enter into agreement

8. Patient Records: Transfer and maintenance of medical records in compliance with HIPAA and state regulations

9. Compliance with Laws: HIPAA, Stark Law, Anti-Kickback Statute and other regulatory compliance requirements

Optional Sections

1. Transition Services: Terms for post-sale assistance and handover period from seller to buyer

2. Employee Matters: Transfer of staff, employment agreements, and related obligations

3. Real Estate: Property transfer or lease assignment terms if applicable

4. Non-Compete: Restrictions on seller's future medical practice in specified geographic area and timeframe

Suggested Schedules

1. Schedule A - Asset List: Detailed inventory of all tangible and intangible assets being transferred

2. Schedule B - Equipment Inventory: Comprehensive list of medical equipment and technology included in sale

3. Schedule C - Patient Records: List of active patients and records transfer protocol (HIPAA compliant)

4. Schedule D - Contracts: List of all assignable contracts, including payer agreements and vendor contracts

5. Schedule E - Employees: List of current employees, positions, and employment terms

6. Schedule F - Licenses: Copies of all medical licenses, permits, and certifications

7. Schedule G - Insurance: Details of malpractice insurance and other relevant insurance policies

Authors

Alex Denne

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

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Industries

HIPAA Compliance: Federal legislation governing patient privacy, medical records transfer requirements, and security of protected health information (PHI)

Stark Law: Federal law regulating physician self-referral, including restrictions on referrals and compliance requirements for transfer of referral relationships

Anti-Kickback Statute: Federal legislation ensuring sale price reflects fair market value and preventing arrangements that could be interpreted as kickbacks

Medicare/Medicaid Regulations: Federal requirements governing transfer of provider numbers, assignment of benefits, and compliance with billing requirements

State Medical Practice Acts: State-specific legislation covering licensing requirements and corporate practice of medicine restrictions

State Privacy Laws: State-specific privacy requirements that may extend beyond HIPAA requirements

State Business Laws: State-specific regulations regarding corporate formation and professional corporation requirements

State Employment Laws: State-specific legislation governing transfer of employees, employment agreements, and non-compete provisions

Professional Liability Requirements: Regulations concerning tail coverage requirements and transfer of malpractice insurance

Contractual Obligations: Requirements for handling third-party payer contracts, equipment leases, and vendor agreements

Real Estate Regulations: Laws governing lease or property transfer requirements and zoning considerations

Tax Regulations: Federal and state tax implications including asset vs. stock sale considerations and tax reporting requirements

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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