Professional Services Agreement For Medical Director Template for United States

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Key Requirements PROMPT example:

Professional Services Agreement For Medical Director

"I need a Professional Services Agreement For Medical Director for our multi-specialty clinic in California, where the director will oversee three departments and needs specific quality metrics tied to compensation, starting March 1, 2025. The agreement should include strong non-compete provisions due to our competitive market."

Document background
The Professional Services Agreement For Medical Director is essential when healthcare facilities require physician leadership for clinical oversight, quality improvement, and regulatory compliance. This agreement, governed by U.S. federal and state healthcare laws, defines the medical director's responsibilities, compensation structure, performance expectations, and compliance obligations. It's particularly crucial for ensuring compliance with Stark Law, Anti-Kickback Statute, and state-specific medical practice regulations while establishing clear administrative and clinical leadership roles.
Suggested Sections

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

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of medical director duties and responsibilities

5. Term and Termination: Duration of agreement and termination provisions

6. Compensation: Payment terms, including basis for compensation and payment schedule

7. Compliance Obligations: Regulatory compliance requirements and obligations

8. Representations and Warranties: Statements of fact and assurances from both parties

9. Insurance and Indemnification: Insurance requirements and indemnification provisions

10. General Provisions: Miscellaneous legal provisions including governing law, notices, and amendments

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the agreement term

2. Quality Metrics: Specific performance indicators and targets for measuring service quality

3. Additional Facilities Coverage: Provisions for coverage of multiple locations or facilities

4. Intellectual Property: Rights and obligations regarding any intellectual property created during the service

5. Force Majeure: Provisions for handling unforeseen circumstances or events beyond parties' control

Suggested Schedules

1. Schedule A - Scope of Services: Detailed listing of all required duties and responsibilities

2. Schedule B - Compensation: Detailed compensation structure and payment terms

3. Schedule C - Time Commitment: Specific hours and coverage requirements

4. Appendix 1 - Compliance Policies: Relevant facility compliance policies and procedures

5. Appendix 2 - Quality Metrics: Detailed performance indicators and measurement criteria

Authors

Alex Denne

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

Clauses
Industries

Stark Law: Federal law that prohibits physicians from referring Medicare/Medicaid patients to entities with which they (or immediate family members) 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 - Federal law governing patient privacy, security of health information, and data breach notifications

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

Civil Monetary Penalties Law: Authorizes the imposition of substantial civil money penalties against entities that engage in fraudulent activities related to healthcare

Fair Labor Standards Act: Federal law establishing standards for wage and hour requirements, including minimum wage and overtime provisions

IRS Independent Contractor Guidelines: Federal guidelines determining worker classification as employee vs. independent contractor for tax purposes

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

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

Joint Commission Standards: Healthcare facility accreditation requirements affecting medical director responsibilities and quality metrics

Medical Staff Bylaws: Institutional rules governing medical staff organization, responsibilities, and relationships with the facility

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

Commercial Reasonableness Standards: Requirements ensuring that the agreement and compensation make business sense without considering referrals

Medicare/Medicaid Regulations: Federal regulations governing participation in government healthcare programs and compliance requirements

State Privacy Laws: State-specific requirements for protecting patient privacy and healthcare information, often more stringent than HIPAA

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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