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All You Need to Know About a Physician’s Letter of Intent

Posted by on Sep 2, 2019 in Physician Contract Tips | 0 comments

All You Need to Know About a Physician’s Letter of Intent

A physician’s employment contract helps to protect both the employer and the practitioner to ensure that their rights are reserved. 

One of the documents that play a part in how a contract is prepared is the physician’s letter of intent, which helps both parties have more precise expectations of what each of them needs. In this article, we’ll tell you all about what’s often included in the letter of intent and what it does for a medical practitioner in New Jersey.

What is the letter of intent? 

The LOI is a document that details the demands and expectations of the physician. It may not be used as a contract, but it can and will be used by an employer as a guide when he or she drafts the offer letter or contract. 

What is included in the LO? 

A letter of intent will typically include the basic terms of the employer’s arrangement with the employee, such as compensation, pay benefits and how much the physician expects to earn in a year or given period of time. 

For example, if they’re looking to make around $200,000 a year, the employer can look at their resume and assess whether they’re worth the quoted amount or if they need to negotiate a different amount. 

However, you need to keep in mind that the salary noted in the agreement is always final on your end and it will not look good if you try to ask for anything higher than that without good reason. You need to keep that in mind before submitting an LOI. 

What does the LOI do? 

The most important thing you have to understand about the LOI is that the major terms included in it are not legally binding in any way. The LOI is used by both parties to help each other understand their needs and expectations, which means that contract negotiation can take place between the two before the deal is finalized. 

The LOI will often include a clause stating that if any legal issues will arise from the case, each party will have to be responsible for their own legal fees. Furthermore, the LOI will often state that its contents are confidential and must remain a secret between the physician and exclusively with the employer. 

How do I write an LOI? 

There are many examples of how to write an LOI on the internet and you can use those as a guide to writing your own. Nonetheless, you need to keep in mind that the terms and agreements you put in your LOI should fit your needs. 

Think about the specific needs that you need to have met, including your primary responsibilities and concerns. Lastly, you should also detail your plans for the future including your timetable, as that will give the employer a more comprehensive guideline for what they should do with you. 

Do I need to have my lawyer go over the LOI? 

For the first draft of the LOI, you typically don’t need to work with a lawyer, as it’s usually not incredibly detailed. However, you must make sure that you note in the LOI which parts of the document are negotiable, as that will help your prospective employer save time and effort by not having to go over everything before the contract is drafted. 

Once you see the contract, we recommend that you have a professional lawyer go through it to make sure that everything is in order. If there are clauses in the contract that aren’t aligned with what you and your employer discussed and what you wrote in your LOI, it will be used as a point of argument against your employer. 

If the case is to go to court, the signed LOI will be a crucial piece of evidence that the physician can use against the employer. 

If you’re looking to have your physician contract reviewed in New Jersey, Romano Sky Law is your best option. Get in touch with us today to see how we can help.

Reasons Why You Should Always Give Notice Before Quitting Your Physician Job

Posted by on Aug 27, 2019 in Physician Contract Tips | 0 comments

Reasons Why You Should Always Give Notice Before Quitting Your Physician Job

In any professional career, there are times when you may not feel satisfied with the current work you have and consider moving on to other opportunities. However, in most employment contracts — including a physician employment agreement — you must give at least two weeks’ notice before quitting. You may think that there’s no real consequence to you or the medical office if you decide to leave on that very day, but in reality, you are under a legal obligation to give your employer a heads up. In this article we’ll talk about what can happen if you don’t give your employer notice before quitting:

You may be responsible for the practice’s monetary losses 

If you were taking care of a patient before you quit, the office would have to replace your requirements with someone else. This can cause financial damage to the medical office. There are usually clauses in the contract about how this sort of financial loss is compensated. Most of the time, if any damage is to arise from the physician’s failure to notify the employer of their resignment, they may be responsible for those damages. This can be added on top of the additional legal fees and documentation, which can end up costing twice your salary. 

You may hurt your credentials 

When you quit without notice, it indicates a level of unprofessionalism, which will hurt your credentials in the long-run. It can have a detrimental effect on you when you’re applying for a new job, as you may not be able to put your last workplace in the resume. When the new employer reference checks your old medical office, they may get a bad review from your former employer. This can hurt your chances of negotiating for a higher salary or even getting the job in the first place. 

As a medical professional, it’s imperative that you always present yourself professionally and with standards, as that will have an effect on your future employability and credibility. 

You will be unable to claim unpaid bonuses 

f you have any bonuses left unpaid or any unused vacation days that you could get compensated for, you won’t be able to claim it if you quit without notice. The employer may claim that you did not abide by the contract; therefore, the bonuses you are owed will then become voided. If this is the case, you will have to work with an attorney to review the contracts and cross-reference it with the employment laws. Often times, you will be able to file to claim for these withheld payments, but it may require a legal battle. You should keep in mind that if you breach the physician’s employment contract, your chances of actually getting the amount due are very slim. 

What we recommend you do

It’s imperative that you always give your employer notice before quitting; the longer, the better. This will give them time to prepare for your departure, as they will have the chance to adapt the work process to ensure that everything runs smoothly. If you leave without any notice, not only will you be exposing yourself to a hefty lawsuit, but you will be causing a detrimental effect on both the medical office and the other employees. What’s worse is that it will be on your permanent record in which all of your future employers will be able to see.  

Having such a stain in your records will make push your progress back for several years, as your employers may see you as a risky investment. This may prevent them from wanting to hire you for a significant position in the organization. The aftermath of this action may be of a much greater detriment to your future than any monetary loss. 

If you’re looking for a law office that specializes in physician employment contracts, Romano Sky Law is your best option. Get in touch with us today to see how we can help. 

Governor Murphy Signs Multi-State Nurse Licensing Act

Posted by on Jul 26, 2019 in Law | 0 comments

Governor Murphy has signed the Uniform Multi-State Licensing Act which allows nurses, under certain conditions, to practice without additional licensure in other states which are parties to the Act.

The Act requires that the nurse secure a “multi-state license” from their home state before they can commence work in the state of another party to the Act.

Nurses who secure a multi-state license from other states which are party to the act may now work in NJ.

For more, contact Romanowsky Law today. (973) 451-1116

Changes To The Continuing Education Requirements of Psychological Examiners

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Psychological Examiners has proposed an amendment to the rules governing the continuing education requirements for licensed psychologists.

The new rules would require that one of the forty required continuing education credits be on topics concerning prescription opioid drugs every biennial renewal period. To learn more, contact Romanowsky Law today. (973) 451-1116.

APNs May Soon Be Able to Dispense Narcotic Drugs for Maintenance or Detoxification Treatment

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Nursing has proposed regulations which affect the statute permitting APNs to dispense narcotic drugs for maintenance or detoxification treatment.

Provided the APNs collaborating physician is not required to meet the federal training and registration requirements otherwise imposed by the administrative code, and the collaborating physician provides written approval for the APN to dispense such drugs, the APN will be so authorized. To learn more, contact Romanowsky Law today. (973) 451-1116.

Requirements for licensure of Advanced Practical Nurses May Soon Change

Posted by on Jul 19, 2019 in Law | 0 comments

The State Board of Nursing has proposed a deletion to N.J.A.C. 13:37-7.2 (b). That section of the administrative code requires an applicant for certification as an advanced practice nurse to have completed his/her education no more than two years prior to the submission of an application to the New Jersey State Board of Nursing.

Apparently, the Board has found that several otherwise qualified candidates have not been able to obtain certification due to this requirement and believes that the health and public welfare is better served by deletion of the administrative code provision. To learn more, contact Romanowsky Law today. (973) 451-1116.

New CLE Rules for Ophthalmic Dispensers and Technicians

Posted by on Jul 19, 2019 in Law | 0 comments

The Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners has proposed amendments to the rules affecting ophthalmic dispensers and technicians which would require two credits be in statutes and rules governing the practice of ophthalmic dispensing and at least five credits in topics relevant to the practice of ophthalmic dispensing.

The proposed rules would also require licensed ophthalmic dispensers to complete one credit of CLE in blood born pathogens. To learn more, contact Romanowsky Law today. (973) 451-1116.

New Tele-Medicine Rules Will Soon Be Applicable To Various Licensed Health Care professionals

Posted by on Jul 19, 2019 in Law | 0 comments

On June 16, 2019, the Department of Law and Public Safety, Division of Consumer Affairs, State Board of Medical Examiners proposed new rules which establish telemedicine regulations which (if approved) will be applicable to a number of licensed health care professionals.

If adopted, the rules will be applicable to licensed midwives, athletic trainers, licensed genetic counselors, licensed physical therapy assistants, psychologists, orthopedists, orthotist assistants, pedorthists, prosthetists, prosthetist assistants, and others. If you want to be at the forefront of understating how the proposed regulations may ultimately affect your practice, contact Romanowsky Law today. (973) 451-1116

New Jersey Adopts Legislation Requiring Healthcare Providers Disclose Out-of-Network Services

Posted by on Jun 18, 2019 in NJ healthcare law | 0 comments

On June 1, NJ Governor Murphy signed into legislation Public Law 2018, C.32 which requires healthcare facilities to make certain disclosures with regard to out of benefit services. All physicians and healthcare providers should be aware of its requirements.

The Act provides that healthcare professionals must make two disclosures to their patients with regard to the health benefit plans with which the healthcare professional participates and is affiliated. The first applies where the healthcare provider is providing non-emergency services. In that case, the disclosure must be in writing or through a website and it must be made again at the time an appointment is made, in writing or verbally.

Furthermore, if a healthcare professional does not participate in the patient’s healthcare plan, the healthcare professional must:

  1. Prior to scheduling non-emergency procedures, inform the patient that the physician is “out-of-network” and that the amount or estimated amount which will be billed is available upon the patient’s request;
  2. Upon request, the healthcare professional must disclose to the patient, in writing, the amount or estimated amount, that the patient will be billed for the procedure as well as the associated current procedural terminology code for the service to be provided;
  3. Inform the patient that he or she will be financially responsible for services provided out-of-network in excess of co-payment deductibles or co-insurance and that he or she may be responsible for the costs in excess of those allowed by the patient’s health benefit plan;
  4. Advise the patient to contact their healthcare plan for consultation regarding costs.

In addition to the foregoing, the healthcare professional is required to provide a patient with the name, practice name, mailing address and telephone number for a healthcare provider providing services in connection with those provided by the physician when that healthcare professional provides the following services: anesthesiology, laboratory, pathology, radiology or assistant surgeon services.

When a healthcare professional is scheduling facility admissions or out-patient facility services, physicians are required to:

  1. Provide the patient and facility with the main practice name, mailing address and telephone number of any other physician whose services are scheduled at the time of pre-admission, testing, registration or admission when non-emergency services are scheduled;
  2. Inform the patient how to determine the health benefit plans which the other physicians participate in;
  3. Recommend that the patient contact his or her health benefit plan for consultation on costs related to those other services.

If the network status of the healthcare professional changes between the time of the disclosure and the provision of the procedure, the healthcare professional must notify the patient.

If a primary care physician or internist performs an unscheduled procedure in his or her office, the required disclosures may be made verbally at the time of service.

If a healthcare professional does not participate in a covered persons health benefit plan, and he or she provides services in an “in-network” healthcare facility when “in-network” services are unavailable in that facility, the healthcare professional may not bill the person in excess of any deductible, co-payment or co-insurance amount.

If the healthcare professional is providing medically necessary services on an emergency or urgent basis, the healthcare professional may not bill a covered person in excess of any deductible, co-payment or co-insurance amount for in-network services pursuant to the covered persons health benefits plan.

Contact Romanowsky Law now for further clarification on this important new legislation. 973 637 0776. Brian@Romanowskylaw.com

All You Need to Know About Medical Employee Contract Laws

Posted by on Mar 25, 2019 in Law | 0 comments

A doctor’s job is an integral one to the stability and sustainability of a society. It’s impossible to establish a functional community without having someone to care for the sick and wounded. For this reason, every community needs medical staff.

Despite how noble and necessary doctors are to the fabric of society, we can’t deny that there are many risks that a doctor has to take on. From contracting diseases and exposure to harmful chemicals to lawsuits from unsatisfied patients, there are plenty of risk factors that every doctor has to deal with.

If you work in the medical field, there’s always a possibility of a treatment not working out the way that you planned. When this happens, you need to make sure that you have all the legal safety measures in place to protect your career from going under.

Of all the legally binding contracts you will have to sign as a doctor, the employment contract will be an agreement that dictates the course of your career. For this reason, you will need to seek legal advice before you sign an employment contract.

Employment Contracts for Doctors

You should involve your lawyer in every stage of the employment process, from the initial negotiation to contract review and finalization. During the initial negotiation, your lawyer can help to represent your best interests when it comes to your professional contract. Whether you’re negotiating your salary, payroll plan, or work hours and responsibilities, your lawyer can help to ensure that you get the most out of your career. After the negotiation is done, the employer will have to draft the contract and present it to you.

Your lawyer can review if the terms and clauses of the contract are aligned with what was initially agreed upon in the negotiation. Having a well-established and negotiated contract will ensure that you can have the most beneficial contract that will be the best fit for you and your work style.

If one party violates the contract agreement, a lawsuit may follow. In this case, your lawyer may represent your best interest in the court of law. It’s never a good idea to go into a lawsuit on your own or without the help of a professional lawyer, as that will put you at a major risk of being liable for massive fines. When you have a professional lawyer on your side, you can be sure that your rights are completely protected.

How to Choose a Medical Contract Attorney

When it comes to choosing an attorney, it’s always better to go with one that has had years of experience working in the medical field. These are the professionals who have a comprehensive knowledge of contract laws. There is a lot more to drafting contracts than many people think. You have to make it as conclusive as possible to avoid the other party using vague wording as a loophole to get out of being responsible for their end of the bargain. Therefore, the lawyer who reviews your contract needs to understand the ins and outs of what they need to be aware of so that you can receive a fair agreement.

Romanosky Law specializes in protecting individuals that have had a wrongful termination in NJ. Get in touch with us today to see how we can help.