Physicians must inform their patients in writing that the patient may obtain imaging services from another provider entity outside the physician’s group practice. This rule applies to MRI, CT and PET and any other DHS specified section that the Secretary of CMS determines is appropriate. It also requires a physician to provide a written list of suppliers in the geographic area in which the patient resides
Contract Disputes. In my experience, Restrictive covenants cause the most inter physician acrimony and litigation. The taking of patient lists results in acrimony, but surprisingly, rarely results in litigation. Both of these disputes, whether formalized or not, can be avoided by including a modest liquidated damages clause in the employment contract.
Discrimination and sexual harassment often occur together in the physician’s office. It is often the case that a physician will employ a person with whom he has a sexual relationship and who is also a patient. If the relationship sours, the physician has exposed himself to the double jeopardy of an employment discrimination claim and a medical disciplinary action by the Medical Disciplinary Board. Of the two claims, the latter is the worst because the physician can lose his medical license. The general principle is that a physician cannot have consensual sex with a patient.
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