Enforcement of Physician Agreements
Hospitals and other healthcare facilities commonly enter into contractual arrangements with physicians. The agreements may include personal service agreements, employment agreements, physician recruitment agreements, and leases for space and/or equipment. Since these agreements are often with a physician who makes referrals for certain services to the hospital or other healthcare facility, the arrangements are regulated by Stark and the Medicare/Medicaid Fraud & Abuse laws. In the event a physician fails to fulfill his/her obligations under the agreement, the hospital is required to enforce the agreement for not only commercial reasons but, also, compliance requirements. As a result a hospital is put in the position of demanding and collecting payment from the physician. In many instances, the hospital will either need to file litigation or arbitrate the matter. FBT has and continues to represent many hospitals in this area. With the experience of the attorneys at FBT, its clients have been successful in collecting on these matters in a very efficient manner. In many instances, FBT has even been able to recoup the expenses incurred by the hospital in collecting on the matter.