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Healthcare Physician Agreement

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HEALTHCARE PHYSICIAN AGREEMENT

This Physician Agreement (the "Agreement") is entered into as of Effective Date: by and between Practice Name: (hereafter "Practice") and Physician Name: (hereafter "Physician").

1. Appointment and Services

Practice hereby engages Physician, and Physician accepts engagement, to provide medical services within Physician's specialty as described below and in accordance with the terms and conditions of this Agreement. Physician shall perform services in compliance with applicable professional standards, Practice policies, and applicable law.

2. Term

The initial term of this Agreement shall commence on the Effective Date set forth above and shall continue for a period of months, unless earlier terminated in accordance with Section 8. Renewal, if any, shall be by written agreement of the parties.

3. Compensation and Billing

Physician's compensation for services rendered under this Agreement shall be as follows. Physician is responsible for accurate documentation and timely submission of claims in accordance with Practice billing procedures.

4. Independent Contractor; Status

The parties agree that Physician performs services as an independent contractor and not as an employee of Practice. Physician shall be solely responsible for payment of taxes, withholding, benefits, and other obligations arising from Physician's provision of services. Physician acknowledges and agrees to the independent contractor relationship by selecting the following:

Individual physician    Professional corporation or entity    Other

5. Physician Representations and Credentials

Physician represents and warrants that Physician holds and will maintain all necessary licenses and certifications required to perform the services described herein and that Physician's license is in good standing.

6. Credentialing and Privileges

Physician shall provide all documentation required for credentialing and privileging and comply with Practice and facility privileging processes. Failure to obtain or maintain privileges necessary to perform services shall be a material breach of this Agreement.

7. Insurance; Indemnification

Physician shall maintain professional liability (malpractice) insurance with minimum limits specified below and shall furnish certificates evidencing such coverage upon request. Practice shall be named as an additional insured only to the extent required by applicable law or by separate written agreement.

Policy type: Occurrence    Claims-made

Indemnification: Each party shall indemnify, defend and hold the other harmless from claims arising from its own acts or omissions, subject to applicable law and limits set forth in this Agreement.

8. Termination

Either party may terminate this Agreement for cause upon written notice specifying the grounds for termination. Either party may terminate without cause upon prior written notice to the other party as set forth below.

9. Confidentiality and HIPAA Compliance

Physician shall keep confidential all patient records and practice business information and shall comply with all applicable privacy and security laws and Practice policies regarding protected health information (PHI). Physician acknowledges receipt of Practice's privacy policies where required and agrees to comply with such policies in the treatment of PHI.

Physician certifies: I have received, read, and will comply with Practice privacy and HIPAA policies.

10. Compliance with Laws and Practice Policies

Physician shall comply with all federal, state and local laws, rules, regulations and standards applicable to the performance of services, including but not limited to laws governing billing, fraud and abuse, and controlled substances. Physician shall comply with Practice policies and clinical protocols as provided to Physician in writing.

11. Notices

All notices under this Agreement shall be in writing and delivered to the addresses below by hand, certified mail, or overnight courier and shall be effective upon receipt.

12. Miscellaneous

Governing law: The validity, interpretation and performance of this Agreement shall be governed by the laws of the state specified below, without regard to conflict of law principles.

Entire Agreement: This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

Practice:

By:

Date:

Physician:

By:

Date:

Enter text✕

What the Healthcare Physician Agreement Is and when it's used

The Healthcare Physician Agreement is a formal contract that defines the working relationship, duties, compensation, and compliance obligations between a physician and a healthcare entity such as a hospital, clinic, or group practice. Commonly used for employment, independent contractor, and locum tenens arrangements, the agreement sets clinical scope, credentialing requirements, patient care responsibilities, termination conditions, and confidentiality obligations including HIPAA compliance. It can also include non-compete clauses, malpractice coverage terms, and reimbursement processes. Clear terms reduce liability, support credentialing, and document expectations for both parties during the engagement.

Why a clear agreement matters for physicians and providers

Use this Healthcare Physician Agreement to establish clear responsibilities, protect patient privacy under HIPAA, define compensation and credentialing requirements, and limit legal exposure. A well-drafted agreement helps avoid disputes over scope of practice, billing, and termination while supporting regulatory compliance.

Why a clear agreement matters for physicians and providers

Who typically prepares and signs these agreements

Hospitals, clinics, group practices, physician staffing firms, and individual physicians prepare or sign the Healthcare Physician Agreement.

  • Hospital and health system employment agreements for attending and specialist physicians.
  • Group practice or partnership contracts defining call schedules and revenue sharing.
  • Independent contractor or locum tenens agreements for temporary clinical coverage.

Use the agreement to document terms for hire, contracting, credentialing, or vendor relationships in healthcare.

Core sections to include in a Healthcare Physician Agreement

Core sections commonly found in a Healthcare Physician Agreement clarify responsibilities, payment, compliance, risk allocation, credentialing, and termination provisions for clinical engagements.

Scope of Services

Define permitted clinical duties, on-call expectations, patient volume targets, and any administrative responsibilities. Specify supervisory relationships and limits to procedures or subspecialty services to prevent scope disputes.

Compensation

Detail base salary, bonuses, incentive formulas, payment schedule, malpractice cost-sharing, expense reimbursement, and withholdings. Include billing split provisions and timing for adjustments or performance-based increases.

Credentialing

List required licenses, board certifications, DEA registration, hospital privileges, and credentialing timelines. State documentation the physician must provide and consequences for failure to maintain credentials.

Liability & Insurance

Specify malpractice coverage limits, claims-made versus occurrence policies, tail coverage responsibilities, indemnification clauses, and reporting requirements for claims or incidents affecting patient safety and regulatory investigations.

Termination

Define termination for cause and without cause, notice periods, cure opportunities, obligations on exit, patient transition plans, and post-termination restrictions such as non-solicitation or non-compete clauses.

Confidentiality

Include HIPAA-compliant patient privacy obligations, data handling, permitted disclosures, breach notification procedures, and obligations to return or destroy protected health information upon termination.

Step-by-step: fill, review, and execute the agreement

Follow these steps to populate, review, and execute the Healthcare Physician Agreement securely and compliantly.

  • 01
    Upload Document: Attach the draft agreement in PDF or DOCX format.
  • 02
    Add Parties: Enter physician and organization names, addresses, and role designations.
  • 03
    Place Fields: Insert signature, initials, date, and conditional fields for compensation.
  • 04
    Send to Signers: Choose authentication level and send secure signing link or in-person session.

Parallel workflow for review, negotiation, and finalization

Alternate completion workflow: parallel steps for review, countersignature, and finalization across stakeholders using audit trails and version control.

01

Draft Review:

Internal legal and compliance review before sending
02

Physician Review:

Physician reviews terms; request redlines or clarifications
03

Negotiation:

Track changes and agree on compensation and indemnity terms
04

Countersign:

Authorized organizational officer signs after physician signature
05

Document Completion:

Generate certificate of completion and finalized PDF
06

Recordkeeping:

Store executed agreement per retention policy

How electronic execution and routing typically work

Typical routing for execution and recordkeeping of a Healthcare Physician Agreement follows these sequential actions.

  • Prepare: Draft agreement, attach exhibits, and checklist required documents.
  • Review: Legal and compliance review for HIPAA and licensing clauses.
  • Authorize: Obtain executive or board approval if required.
  • Execute: Sign electronically or in person and distribute final copies.

Key workflow settings to configure for secure e-signing

Configure the digital workflow to meet authentication, field validation, and storage requirements for healthcare documents.

Field Configuration
Signer Authentication and Verification Level Email or SMS code; consider KBA for higher risk.
Signature Type and Format Options Choose e-signature or wet signature image; embed date field.
Field Validation and Conditional Logic Use required fields, conditional pay clauses, and calculated amounts.
Email Notifications and Reminder Schedule Settings Set signer reminders and final executed copies distribution.
Storage Location and Retention Policy Encrypt storage, apply retention tags per HIPAA and IRS.

Technical and integration considerations for eSubmission

Confirm the eSignature platform supports required integrations, file formats, audit trails, and authentication methods used in your organization.

  • Integrations: Salesforce, NetSuite, and Google Workspace supported.
  • File Formats: Accepts PDF, DOCX, and XLSX formats.
  • Authentication: Supports email, SMS, SSO, and advanced verification.

Security and compliance controls to require

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.
HIPAA BAA: Business Associate Agreement available on request.
Access Control: Role-based permissions and admin controls.
Audit Trail: Complete timestamped logs of signer actions.
Authentication: Email, SMS codes, or advanced verification.
Certifications: SOC 2 Type II, ISO 27001, PCI DSS.

Common preparation pitfalls to avoid

  • Using vague compensation language or undefined bonus formulas creates disputes and complicates payroll reconciliation and tax reporting.
  • Failing to require documentation of licenses, DEA registration, and board certification delays credentialing and may expose the organization to regulatory penalties.
  • Not specifying malpractice insurance terms or tail coverage responsibilities can leave parties liable for claims after contract termination.
  • Overlooking HIPAA business associate requirements for contractors risks civil penalties and necessitates a signed BAA before PHI exchange.

Key legal and operational risks if the agreement is incorrect

HIPAA Violation: Civil penalties under HIPAA (45 CFR §164).
False Credentials: Credentialing fraud can result in termination and sanctions.
Contract Breach: Damages, indemnity obligations, and injunctive relief.
Malpractice Exposure: Professional liability claims and increased insurance costs.
Tax Withholding: Incorrect W-9 data may trigger backup withholding.
Non-compete Risk: Enforceability varies by state law.

Time-sensitive filings and retention related to physician engagements

Key filing and notification deadlines related to a Healthcare Physician Agreement and related tax forms.

Provide W-9 on Request:

Supply W-9 when payer requests to avoid backup withholding.

Reportable Payments:

File 1099-NEC by Jan 31 for nonemployee compensation.

I-9 Retention:

Keep I-9 for three years after hire or one year after termination.

HIPAA Records Retention:

Retain HIPAA-related records for six years (45 CFR §164.530(j)).

Contract Term Notices:

Observe notice periods set in the termination clause for lawful exit.

Pricing and core capability comparison for common eSignature vendors

Comparing starting prices and key capabilities for common eSignature vendors to help evaluate options for signing Healthcare Physician Agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real examples: how organizations use eSign for physician contracts

Real-world examples show how a clear Healthcare Physician Agreement paired with secure eSignature reduces administrative burden and speeds execution across care settings.

Optica Ventures

Optica Ventures implemented eSign workflows to reduce turnaround on physician contracts for locum assignments and remote signatures.

  • Improved ease of use for staff and signers.
  • Brian Fitzgibbons, COO, said: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." The implementation produced faster onboarding, reduced administrative back-and-forth, and improved contract completion rates.

Fertility Centers of Illinois

Fertility Centers of Illinois used eSigning for physician agreements and patient consents to streamline provider and patient signatures.

  • Integration supported flexibility and compliance.
  • John Butler, Founder, reported: "The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company." The result was reduced execution time and less manual processing.

Frequently asked questions and practical answers

Answers to common questions about using and executing a Healthcare Physician Agreement, including e-signature and HIPAA concerns.


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