An associate agreement is a contract that details the responsibilities of all parties involved with a medical practice. It’s necessary for any practice that hires employees. Attorney Joe Hess can help practice owners establish a thorough associate agreement and can also help associates review these agreements before they sign.
Why Are Associate Agreements Necessary?
For the practice owner, an associate agreement can help you protect yourself and your practice from liabilities when it comes to HIPAA as well as from complications that arise from employee disputes. There are a few different components that are beneficial to have in an associate agreement.
One of these components is a restrictive covenant. This is a clause that can set expectations for employee behavior in a set period of time after they leave your practice. For example, a restrictive covenant can prevent your employees from leaving for a direct competitor and taking their patients with them.
These can also come in handy when selling the practice, but the key is that the restrictive covenant must be enforceable. If the clause is deemed unfair or goes against state law, a judge can easily throw it out. The language of the restrictive covenant must be incredibly precise and specific in order to avoid legal loopholes.
Joe Hess Law Firm can ensure the legality of your restrictive covenant to help you protect your practice from bad-faith business. If you’re an associate being asked to sign an agreement that includes a restrictive covenant, we can represent you and look it over to make sure the terms are fair.
In some cases, an additional confidentiality agreement would also benefit your practice. Attorney Joe Hess can work with you to develop these types of agreements for your practice.