Healthcare Employment Agreement (District of Columbia)

HEALTHCARE EMPLOYMENT AGREEMENT

District of Columbia – Physician / Nurse Practitioner / Physician Assistant

1. PARTIES AND RECITALS

1.1 Parties

This Healthcare Employment Agreement (the "Agreement") is entered into and made effective as of [EFFECTIVE DATE] (the "Effective Date") by and between:

1.2 Recitals

A. Employer is authorized under D.C. Code § 3-1201 et seq. to engage healthcare professionals to render professional medical services within the District of Columbia.

B. Employee is duly licensed, in good standing, and desires to provide professional services in accordance with Applicable Law.

C. The Parties intend this Agreement to comply with the DC Non-Compete Clarification Amendment Act of 2022, the DC Medical Practice Act, the federal Anti-Kickback Statute, the Stark Law, and all other Applicable Law.

2. POSITION, DUTIES, AND CREDENTIALS

2.1 Position

Employer hires Employee as [Physician / Nurse Practitioner / Physician Assistant – Specialty: ____]. Employee shall report to [SUPERVISOR / MEDICAL DIRECTOR].

2.2 Scope of Practice

Employee shall practice solely within the scope of his/her DC license and any applicable collaborative practice or supervisory arrangement required under D.C. Code § 3-1206.04 (NPs) or § 3-1206.07 (PAs).

2.3 Credentialing

☐ Maintain active, unrestricted DC license throughout the Term
☐ Maintain DEA registration and any required CSA registration
☐ Maintain board certification in [SPECIALTY]
☐ Maintain hospital privileges at [HOSPITAL(S)]
☐ Participate in payer credentialing (Medicare, Medicaid, commercial)
☐ Complete required CME hours annually
☐ Not be excluded from any federal healthcare program (OIG/SAM check)

2.4 Time Commitment

Employee shall devote [FULL-TIME / ____ hours/week] to Employer's practice and shall not engage in outside professional activity except as approved in writing.

3. COMPENSATION AND BENEFITS

3.1 Base Salary

Employer shall pay Employee an annual base salary of $[AMOUNT], payable in accordance with Employer's regular payroll schedule and the DC Wage Payment and Collection Law (D.C. Code § 32-1301 et seq.).

3.2 Productivity / Incentive Compensation

3.3 Benefits

☐ Health, dental, vision insurance (employer share: ____%)
☐ Retirement plan ([401(k) / 403(b)]) with [____]% match
☐ Paid time off: [____] days/year
☐ CME allowance: $[____]/year plus [____] days
☐ License, DEA, board, society dues reimbursement
☐ Short-term and long-term disability
☐ Life insurance

3.4 Wage Theft Prevention Notice

Employer has provided Employee, on or before the Effective Date, the written wage notice required by D.C. Code § 32-1331.01 et seq.

3.5 Fee-Splitting Prohibition

Compensation under this Agreement is intended as bona fide employment compensation and is not a division of professional fees in violation of D.C. Mun. Regs. tit. 17, § 4614 or the federal Anti-Kickback Statute.

3.6 Signing Bonus Clawback

If Employee voluntarily terminates without Good Reason or is terminated for Cause within [____] months of the Effective Date, Employee shall repay a pro rata share of any signing bonus within 30 days of separation.

4. TERM AND TERMINATION

4.1 Term

Initial term: [____] years from the Effective Date, renewing automatically for successive one-year terms unless either Party gives [90] days' written notice of non-renewal.

4.2 Termination for Cause

Employer may terminate immediately upon: (a) loss, suspension, or material restriction of DC license, DEA, or hospital privileges; (b) exclusion from any federal healthcare program; (c) felony conviction or crime of moral turpitude; (d) material breach uncured after [30] days' notice; (e) substance abuse impairing practice; or (f) conduct posing imminent risk of patient harm.

4.3 Termination Without Cause

Either Party may terminate without cause upon [90] days' written notice.

4.4 Termination by Employee for Good Reason

Employee may terminate for Good Reason upon [30] days' written notice if Employer materially reduces compensation, materially changes duties, or relocates the principal worksite by more than [25] miles.

5. RESTRICTIVE COVENANTS

5.1 Confidentiality

Employee shall hold in strict confidence all Confidential Information of Employer and Protected Health Information ("PHI") as defined under HIPAA (45 C.F.R. § 160.103). This obligation survives termination indefinitely as to PHI and for [____] years as to other Confidential Information.

5.2 Non-Competition (Highly Compensated Employees Only)

☐ APPLICABLE — Employee qualifies as a "highly compensated employee" / "medical specialist" under D.C. Code § 32-581.01.
☐ NOT APPLICABLE — Delete this Section 5.2.

(a) Statutory Notice. Employer provided this non-compete provision to Employee in writing no later than 14 days before [the Effective Date / execution of this Agreement], together with the disclosure required by D.C. Code § 32-581.03(b).

(b) Restriction. For a period of [365 / 730] calendar days following separation (not to exceed 730 days for medical specialists or 365 days for other HCEs), Employee shall not, within a [____]-mile radius of Employer's principal office at [ADDRESS], provide services competitive with Employer's [SPECIALTY] practice.

(c) Carve-Outs. Nothing herein restricts Employee from: (i) practicing outside the defined geography; (ii) treating Employee's immediate family; or (iii) any activity protected under D.C. Code § 32-581.04 (whistleblower / lawful concerted activity).

(d) Required Disclosure Language. "The District's Ban on Non-Compete Agreements Amendment Act of 2020 limits the use of non-compete agreements. It allows employers operating in the District to request non-compete agreements from highly compensated employees, as that term is defined in the Ban on Non-Compete Agreements Amendment Act of 2020, under certain conditions. [Employer] has determined that you are a highly compensated employee. For more information about the Ban on Non-Compete Agreements Amendment Act of 2020, contact the District of Columbia Department of Employment Services (DOES)."

5.3 Non-Solicitation of Patients and Employees

For [12] months after separation, Employee shall not knowingly solicit Employer's patients or employees. This covenant is independent of Section 5.2 and is intended to be enforceable regardless of HCE status to the extent permitted by DC law.

5.4 Patient Notice on Departure

Consistent with American Medical Association Opinion 1.1.5 and DC Board of Medicine guidance, Employee may notify treating patients of Employee's new practice location and means of obtaining medical records.

5.5 Return of Property

Upon separation, Employee shall return all Employer property, electronic devices, keys, credentials, and Confidential Information.

6. MALPRACTICE INSURANCE AND TAIL COVERAGE

6.1 Coverage During Employment

Employer shall procure and maintain professional liability insurance covering Employee in an amount not less than $[1,000,000 per claim / $3,000,000 aggregate] on a [claims-made / occurrence] basis.

6.2 Tail Coverage

6.3 Cooperation

Employee shall cooperate fully in defense of any claim arising from services rendered during the Term and shall promptly report any incident, claim, or demand to Employer and the carrier.

7. COMPLIANCE AND REGULATORY

7.1 Anti-Kickback / Stark

The Parties intend this Agreement to satisfy the bona fide employment exception under 42 U.S.C. § 1320a-7b(b)(3)(B) and the bona fide employment relationship exception under 42 U.S.C. § 1395nn(e)(2). Nothing in this Agreement requires referrals.

7.2 HIPAA

Employee shall comply with Employer's HIPAA policies and the HIPAA Privacy, Security, and Breach Notification Rules.

7.3 Whistleblower

Nothing in this Agreement prohibits Employee from reporting suspected violations of law to any government agency or limits any rights under the Defend Trade Secrets Act (18 U.S.C. § 1833(b)) or D.C. Code § 32-581.04.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement is governed by the laws of the District of Columbia, without regard to conflict-of-laws principles.

8.2 Forum

Exclusive jurisdiction and venue lies in the Superior Court of the District of Columbia or the U.S. District Court for the District of Columbia.

8.3 Mediation / Arbitration

☐ Mediation required prior to litigation, administered by [JAMS / AAA] in Washington, DC.
☐ Binding arbitration under AAA Employment Rules (optional — strike if not desired).

8.4 Injunctive Relief

Either Party may seek injunctive relief in court to enforce Sections 5.1–5.3 without waiving arbitration of damages claims.

9. GENERAL PROVISIONS

9.1 Entire Agreement; Amendment

This Agreement, with its Schedules, is the entire agreement and may be amended only in a signed writing.

9.2 Severability

If any provision is held unenforceable, it shall be reformed to the maximum extent permitted; the remainder remains in effect.

9.3 Assignment

Employee may not assign. Employer may assign to a successor or affiliate.

9.4 Notices

All notices shall be in writing and delivered to the addresses above by hand, certified mail, or recognized overnight courier.

9.5 Counterparts / E-Signature

May be executed in counterparts and via electronic signature.

10. EXECUTION

SCHEDULES

• Schedule A — Job Description and Performance Metrics
• Schedule B — Compensation Detail and wRVU Formula
• Schedule C — Benefits Summary
• Schedule D — Non-Compete Statutory Notice and Acknowledgement (D.C. Code § 32-581.03)
• Schedule E — Wage Theft Prevention Notice (D.C. Code § 32-1331.01)
• Schedule F — HIPAA Confidentiality Acknowledgement

SOURCES AND REFERENCES

• D.C. Code § 32-581.01 et seq. (Non-Compete Clarification Amendment Act of 2022)
• D.C. Department of Employment Services — Non-Compete Notice (2026 thresholds): https://does.dc.gov/
• D.C. Code § 3-1201 et seq. (Health Occupations Revision Act)
• D.C. Mun. Regs. tit. 17, § 4614 (fee-splitting)
• 42 U.S.C. § 1320a-7b; 42 U.S.C. § 1395nn

Disclaimer: This template is for informational use only and is not legal advice. Have it reviewed by DC-licensed counsel before execution. DC non-compete compensation thresholds adjust annually under D.C. Code § 32-581.03 — re-verify the current threshold with DOES at execution.