Healthcare Employment Guide: Counseling on the New Medical Realities
This treatise supplies complete analysis of the issues in
the rapidly changing area of healthcare worker/management conflicts, including
hospital buyouts of physician practice groups, strike and labor lockouts,
government inquiries about compliance of doctor groups with anti-kickback
requirements, new pressure to form employee bargaining units, and the use of
labor arbitration or litigation to resolve complex disputes.
Healthcare consumes about one-fifth of U.S. domestic spending and its employment is in the tens of millions. Employee disagreements in the healthcare professions can quickly become multi-level conflicts that require legal counsel to have specialized knowledge. The Healthcare Employment Guide arms legal practitioners with the insights
they need in order to capably represent doctors, nursing groups, smaller providers, and public entities in dealing with the new realities of the corporate healthcare world.
Delivering critical information at a practical level, the authors cover a variety of timely topics including:
Forming a unit to organize hospital worker unions
Mergers and outsourcing effects on individual healthcare workers
Pitfalls of expansive rules on doctor/laboratory “kickbacks”
Medicare’s disqualification of individual health professionals from reimbursement
Doctor termination based on patient quota
Defamation actions for hospitals labelling doctors as “unproductive”
Departing doctor’s ability to retain/retrieve patient records from network
Impacts of listing in the National Practitioner Data Bank
Non-compete clauses in the fine print of hospital purchases of physician groups
Restraints placed on union picketing activities at hospital
Medical groups allocating long-tail liability insurance coverage after partner’s departure
Part 1: Introduction
Overview of Healthcare Employment
Healthcare Conflicts and Physicians’ Dissatisfaction
Setting the Stage for Conflicts Involving Physicians
Statistics and Structures of Healthcare Employment
Part 2: Physicians’ Employment Issues
Physician Employment Qualifications
Practice Affiliations Among Physicians
Starting, Purchasing or Separating from a Medical Practice
Physician Relations with Hospitals
Non-Employee Contract Roles for Physicians
Physician Employment Contracts
Restrictive Covenants in Physician Employment Contracts
Physicians and Collective Bargaining
Effects of the National Practitioner Data Bank
Regulatory Oversight of Practitioners Employment
Part 3: How Other Healthcare Personnel Interact with Employers
Nurses and Collective Bargaining
Impacts of the NLRB Healthcare Unit Classification Rules
Issues for Other Patient Support Employee Roles
Strikes and Lockouts in Healthcare Labor Conflicts
Employment Effects of Changes of Owners & Employers
Overtime Pay and Exempt Employees
Part 4: Issues for All Healthcare Personnel
Safety Rules Protecting All Healthcare Workers
Employment Discrimination in Healthcare
Rules Applied to Public Sector Workers
Rules Applied to Non-Healthcare Workers in Hospitals
Outsourcing Staffing of Healthcare Institutions
Common Challenges: Stark and Anti-Kickback Compliance
Conflict Resolution by Arbitration
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think and code authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
O’Reilly teaches Public Health Policy & Systems at the
University of Cincinnati, College of Medicine, Cincinnati, OH, and has taught
labor law and served as a public sector labor arbitrator.
Ellen Keegan is retired senior counsel for The General
Electric Co., Cincinnati, OH.
View full tables of contents, preface or list of contributors.
2017/592 pp. Softcover/ISBN # 978-1-68267-319-5/Stock # 3319
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