Contact Us
Categories
- Department of Health and Human Services' Office of Civil Rights
- Medical Residents
- EMTALA
- FDA
- Reproductive Rights
- Roe v. Wade
- SCOTUS
- Medical Spas
- medical billing
- No Surprises Act
- Mandatory vaccination policies
- Workplace health
- Coronavirus Aid, Relief and Economic Security Act
- Code Enforcement
- Department of Labor ("DOL")
- Employment Law
- FFCRA
- CARES Act
- Nursing Home Reform Act
- COVID-19
- SB 150
- Acute Care Beds
- Clinical Support
- Coronavirus
- Emergency Medical Services
- Emergency Preparedness
- Families First Coronavirus Response Act
- Family and Medical Leave Act (“FMLA”)
- KBML
- medication assisted therapy
- Department of Health and Human Services
- Legislative Developments
- Corporate
- United States Department of Justice ("DOJ")
- Employee Contracts
- Non-Compete Agreement
- Opioid Epidemic
- Sexual Harassment
- Health Resource and Services Administration
- House Bill 333
- Litigation
- Medical Malpractice
- Senate Bill 79
- locum tenens
- Senate Bill 4
- Physician Prescribing Authority
- Chronic Pain Management
- HIPAA
- Prescription Drugs
- "Two Midnights Rule"
- 340B Program
- EHR Systems
- Hospice
- ICD-10
- Kentucky minimum wage
- Minimum wage
- Primary Care Physicians ("PCPs")
- Skilled Nursing Facilities (“SNFs”)
- Uncategorized
- Affordable Insurance Exchanges
- Drug Screening
- Electronic Health Records (“EHR")
- Fraud
- Health Care Fraud
- HIPAA Risk Assessment
- KASPER
- Kentucky’s Department for Medicaid Services
- Mental Health Care
- Office for Civil Rights ("OCR")
- Qui Tam
- Stark Laws
- Urinalysis
- Accountable Care Organizations (“ACO”)
- Affordable Care Act
- Alternative Payment Models
- Anti-Kickback Statute
- Centers for Medicare & Medicaid Services (“CMS”)
- Certificate of Need ("CON")
- Charitable Hospitals
- Compliance
- Data Breach
- Department of Health and Human Services (HHS)
- Electronic Protected Health Information (ePHI)
- False Claims Act
- Federally Qualified Health Centers (“FQHCs”)
- Fee for Service
- Health Information Technology for Economic and Clinical Health Act (HITECH Act)
- Health Insurance Portability and Accountability Act of 1996 (HIPAA)
- Health Professional Shortage Area ("HPSA")
- Hospitals
- HPSA
- Kentucky Board of Medical Licensure
- Medicaid
- Medical Staff By-Laws
- Medically Underserved Area ("MUA")
- Medicare
- Office of Inspector General of the United States Department of Health and Human Services (OIG)
- Part D
- Patient Protection and Affordable Care Act (“ACA”)
- Pharmacists
- Physician Assistants
- Rural Health Centers (“RHCs”)
- Rural Health Clinic
- Telehealth
- American Telemedicine Association (“ATA”)
- Criminal Division of the Department of Justice (“DOJ”)
- Health Care Fraud Prevention and Enforcement Action Team (“HEAT”)
- HRSA
- Hydrocodone
- Kentucky Board of Nursing
- Kentucky Pharmacists Association
- Limited Services Clinics
- Mid-Level Practitioners
- Qualified Health Care Centers (“FQHC”)
- Telemedicine
- APRNs
- Chain and Organization System (“PECOS”)
- Jimmo v. Sebelius
- Maintenance Standard
- Overpayments
- United States ex. Rel. Kane v. Continuum Health Partners
- Vitas Innovative Hospice Care
- Webinar
- 2014 Medicare Physician Fee Schedule (“PFS”)
- Agreed Order
- All-Payer Claims Database ("APCD")
- Chiropractic services
- Chronic Care Management
- Clinical Laboratory Improvement Amendments of 1988 (“CLIA”)
- Compliance Officer
- CPR
- Douglas v. Independent Living Center of Southern California
- Drug Enforcement Agency ("DEA")
- Emergency Rooms
- Enrollment
- Essential Health Benefits
- Hinchy v. Walgreen Co.
- ICD-9
- Kentucky Senate Bill 7
- Medicare Part D
- Minors
- Ophthalmological services
- Physician Compare website
- Re-validation
- Sustainable Growth Rate (“SGR”)
- Texting
- 501(c)(3)
- Affinity Health Plan
- Appeal
- Arbitration
- Cadillac tax
- Centers for Disease Control and Prevention
- Community health needs assessment (“CHNA”)
- Compounding
- Condition of Participation ("CoP")
- Denied Claims
- Department of Medicaid Services’ (“DMS”)
- Dispenser
- Drug Quality and Security Act (“DQSA”)
- Federation of State Medical Boards (“FSMB”)
- Food and Drug Administratio
- Form 4720
- Grace Period
- Health Professional Shortage Areas (“HPSA”)
- HealthCare.gov
- Home Health Prospective Payment System
- Home Medical Equipment Providers
- Hospitalists
- House Bill 3204
- Individual mandate
- Inpatient Care
- Kentucky Health Benefit Exchange
- Kentucky Medical Practice Act
- Kindred v. Cherolis
- Kynect
- Licensure Requirements
- LLC v. Sutter
- Long-term care communities
- Long-Term Care Providers ("LTC")
- Low-utilization payment adjustment ("LUPA")
- Medicare Shared Saving Program (MSSP)
- Mobile medical applications ("apps")
- Model Policy for the Appropriate Use of Social Media and Social Networking in Medical Practice (“Model Policy”)
- National Drug Code ("NDC")
- National Institutes of Health
- Network provider agreement
- New England Compounding Center ("NECC")
- Nonprofit hospitals
- Nonroutine medical supplies conversion factor (“NRS”)
- Outsourcing facility
- Payors
- Personal Service Entities
- Physician Payments
- Physician Recruitment
- Physician shortages
- Ping v. Beverly Enterprises
- Power of Attorney ("POA")
- Prescriber
- Qualified Health Plan ("QHP")
- Quality reporting
- Residency Programs
- Social Media
- Spousal coverage
- State Health Plan
- Upcoding
- UPS
- “Superuser”
- "Plan of Correction"
- Advanced Practice Registered Nurses
- Audit
- Autism/ASD
- Business Associate Agreements
- Business Associates
- Call Coverage
- Daycare centers
- Decertification
- Division of Regulated Child Care
- Doe v. Guthrie Clinic
- EHR vendor
- Employer Group Health Plans
- Employer Mandate
- ERISA
- Fair Labor Standards Act (FLSA)
- False Billings
- Genetic Information Nondiscrimination Act ("GINA")
- Group Purchasing Organizations ("GPO")
- Health Reform
- House Bill 104
- Intermediate Sanctions Agreement
- Kentucky House Bill 159
- Kentucky House Bill 217
- Kentucky Primary Care Centers (“PCCs”)
- Licensed practical nurses (LPN)
- List of Excluded Individuals and Entities
- Managed Care Organizations (“MCOs”)
- Meaningful use incentives
- Medicare Administrative Coordinators
- Medicare Benefit Policy Manual
- Nurse practitioners (NP)
- Office of the National Coordinator for Health Information Technology (“ONC”)
- Part A
- Part B
- Patient Autonomy
- Patient Privacy
- Personal Health Information
- Provider Self Disclosure Protocol
- Registered nurses (RN)
- Self-Disclosure Protocol
- Senate Bill 39
- Senate Finance Committee Report
- State Medicaid Expansion
- Statement of Deficiency ("SOD")
- Trade Association Group Coverage
- Abuse and Waste
- Center for Disease Control
- Compliance Programs
- Consumer Operated and Oriented Plan programs (“CO-OPS”)
- Critical Access Hospitals (“CAHs”)
- Essential Health Benefits (“EHBs”)
- Healthcare Information and Management Systems Society (HIMSS)
- Kentucky Cabinet for Health and Family Services
- Kentucky Health Care Co-Op
- Kentucky Health Cooperative (“KYHC”)
- Medicare Audit Improvement Act of 2012
- Occupational Safety and Health Administration (“OSHA”)
- Recovery Audit Contractors (“RAC”)
- Small Business Health Options Program (“SHOP”)
- Sunshine Act
- Employee Agreement
- Free Conference Committee Report
- Health Care Fraud and Abuse Control Program
- House Bill 1
- House Bill 4
- Kentucky “Pill Mill Bill”
- Pain Management Facilities
- Health Care Law
- Health Insurance
- Healthcare Regulation
McBrayer Blogs
New Resident Legal Issues
Leaving medical school and entering residency is a daunting transition in the career of a new physician, presenting a new set of legal rules and requirements, including employment contracts and malpractice liabilities. We recommend familiarizing yourself with your program’s relevant manuals and policies and seeking legal advice when necessary.
Employment Contracts for Residents
Physicians, including residents, work under contractual guidelines to protect both the doctors and the healthcare organizations they serve. As a resident, your first employment contract will detail your salary, bonuses, responsibilities, and other important terms. Here are some key points to understand:
- Resident Physician Employment Agreement: This is a modified version of the standard physician contract, specific to residents. It is usually the first contract you will sign in your medical career.
- Standard Terms: The agreement includes terms, provisions, and clauses about your relationship with the hospital, and it is generally non-negotiable. This portion of the agreement includes the start/end dates of your residency, location of your work, shifts, and schedule.
- Compensation: The agreement will include details of your salary. Depending on your hospital, they may offer a resident stipend towards your third year of residency to encourage residents to remain at the hospital once certified and licensed. PTO, sick days, vacation days, insurance, and other benefits will often be included here.
-Termination Clause: The agreement will discuss your rights and obligations, as well as the hospital’s, should the hospital terminate your employment or should you wish to leave before the contract ends.
- Other provisions: Typically, the agreement will include clauses such as severability, supervening law, assignment, agency, and so forth. Confidentiality clauses and explanations about the state and federal privacy laws will also be available. Though resident employment agreements typically are non-negotiable, it is still important to review the terms and provisions carefully to ensure that it meets the standard for other residents and programs in your state.
Liability and Malpractice
Residents, like any physician, can be liable for medical malpractice. As of 2018, approximately 30% of medical malpractice lawsuits name medical residents for medical professional liability.[1] The standard of care for residents varies and is not well-defined, leading to legal debates and varying standards applied in different courts across the country.
Though malpractice insurance may cover most of the claim, any malpractice lawsuit will be public record and potentially follow you throughout your career. Residents must any lawsuits to their state medical board, which may delay licensure processes after residency.
Disciplinary Action
Medical residents are expected to adhere to their program’s rules and regulations. If accused of competency or conduct issues, residents may be subject to disciplinary action. Common disciplinary actions include:
- Administrative notice
- Verbal warnings
- Written reprimands
- Probation
- Suspension
- Termination
When you apply and recertify your licensure each year, the application may require disclosure of disciplinary actions.
Privacy and Confidentiality
Residents are obligated to maintain privacy and confidentiality through the Health Insurance Portability and Accountability Act (HIPAA) and the HIPAA Privacy Rule. HIPAA covers protected health information in any medium. The HIPAA Privacy Rule establishes national standards to protect individual medical records and other identifiable health information through electronic sources. Common HIPAA pitfalls include:
- Unnecessary disclosure of protected health information
- Disposing of protected health information in an insecure manner
- Reviewing medical records without medical cause
- Denying patients access to their own health records
- Delaying access of health records
- Failing to encrypt health information on portable electronic devices
- Failing to notify patients of breaches of HIPAA privacy rights within the required 60 day window
The Department of Health and Human Services’ Office of Civil Rights may hold both the resident and the employer liable.
[1] “Medical Malpractice Lawsuits Involving Surgical Residents,” Journal of the American Medical Association Surgery, January 2018, 153(1): 8–13, https://jamanetwork.com/journals/jamasurgery/fullarticle/2652345.
---
If you face legal challenges or need advice, contact a healthcare attorney at McBrayer experienced in representing medical residents, fellows, and other health professionals.
Valerie Michael is an Associate in McBrayer's Lexington office. Ms. Michael focuses her area of practice on healthcare law handling a wide variety of matters, such as healthcare professional licensure defense and compliance and regulatory issues. She also handles civil and criminal Medicare and Medicaid fraud cases, facility licensing, and certification. Ms. Michael can be reached at vmichael@mcbrayerfirm.com.
Nancy Ngo is a 2024 Summer Associate with McBrayer's Louisville office.
Services may be performed by others. This article does not constitute legal advice.