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.


Price: $165.00 Main Volume


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 Listings 
  • 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
  • Future Trends


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.
James 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.

Mary Ellen Keegan is retired senior counsel for The General Electric Co., Cincinnati, OH.


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