Healthcare Employment Agreement (Kansas)

HEALTHCARE EMPLOYMENT AGREEMENT

(Kansas — Physician / Advanced Practice Provider Template)

1. PARTIES AND RECITALS

1.1 Parties

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

1.2 Recitals

A. Employer is duly organized to deliver professional healthcare services in Kansas in compliance with the Kansas Healing Arts Act, K.S.A. § 65-2801 et seq.
B. Employee is duly licensed and qualified to render professional services within Employee's scope of practice under Kansas law.
C. The Parties wish to set forth the terms of Employee's employment, including compensation, scope, restrictive covenants, and mandatory participation in the Kansas Health Care Stabilization Fund under K.S.A. § 40-3401 et seq.

2. POSITION, DUTIES, AND SCOPE OF PRACTICE

2.1 Position

Employee is hired as a [Physician / Nurse Practitioner / Physician Assistant] and shall render professional services consistent with Employee's training, licensure, and scope of practice under Kansas law.

2.2 Scope of Practice

☐ Employee shall practice only within the scope authorized by Employee's Kansas license and applicable regulations of the Kansas State Board of Healing Arts or Kansas State Board of Nursing.
☐ APRN practice is governed by K.S.A. § 65-1130 and K.A.R. § 60-11-101 et seq., including any required collaborative practice agreement.
☐ PA practice is governed by K.S.A. § 65-28a01 et seq. and the directing-physician requirements at K.A.R. § 100-28a-1 et seq.

2.3 Professional Standards

Employee shall:
☐ Maintain an active, unrestricted Kansas license at all times;
☐ Comply with the Kansas Healing Arts Act, K.S.A. § 65-2801 et seq.;
☐ Maintain DEA registration if prescribing controlled substances and comply with the K-TRACS prescription monitoring program (K.S.A. § 65-1681 et seq.);
☐ Maintain board certification if represented in 2.1 above;
☐ Maintain hospital privileges if required by Employer.

2.4 Time Commitment

Employee shall devote [FULL-TIME / ____ hours per week] to Employer's practice. Outside professional activities require Employer's prior written consent.

3. COMPENSATION

3.1 Base Salary

Employer shall pay Employee an annual base salary of $[__________], payable in accordance with Employer's standard payroll practices.

3.2 Productivity / Incentive Compensation

☐ wRVU-based bonus: $[____] per wRVU above [______] wRVUs annually
☐ Quality / value-based bonus: [describe metric and amount]
☐ Other: [__________]

3.3 Benefits

Employee shall be eligible for: ☐ health insurance ☐ retirement plan ☐ paid time off (___ days/year) ☐ CME allowance ($______/year) ☐ professional dues and licensure fees ☐ relocation allowance ($______).

3.4 Expenses

Employer shall pay or reimburse: ☐ Kansas license renewal ☐ DEA registration ☐ board certification ☐ professional society dues ☐ HCSF surcharge (see § 6) ☐ primary malpractice premium (see § 6).

4. TERM AND TERMINATION

4.1 Term

Initial term: [____] years commencing on the Effective Date, renewing thereafter for successive [one (1)-year] terms unless either Party gives written notice of non-renewal at least [ninety (90)] days before the end of the then-current term.

4.2 Termination for Cause

Employer may terminate immediately upon written notice for:
☐ Loss, suspension, or restriction of Kansas license;
☐ Exclusion from Medicare, Medicaid, or any federal healthcare program;
☐ Loss of DEA registration (if required);
☐ Loss of hospital privileges material to the position;
☐ Conviction of a felony or any crime involving moral turpitude or fraud;
☐ Material breach of this Agreement uncured after [thirty (30)] days' written notice;
☐ Action by the Kansas State Board of Healing Arts or Kansas State Board of Nursing under K.S.A. § 65-2837 (unprofessional conduct) or comparable nursing-board provisions.

4.3 Termination Without Cause

Either Party may terminate without cause on [ninety (90)] days' prior written notice.

4.4 Effect of Termination

Upon termination, Employee shall: ☐ return all Employer property, records, and PHI; ☐ cooperate in patient transitions in compliance with HIPAA and Kansas Board of Healing Arts patient-abandonment guidance; ☐ cooperate with payor credentialing wind-down.

5. RESTRICTIVE COVENANTS

5.1 Non-Competition

For [twelve (12) / twenty-four (24)] months following termination, Employee shall not, within a radius of [____] miles of Employer's primary practice location at [ADDRESS], engage in the practice of [specialty] in competition with Employer.

5.2 Non-Solicitation of Patients

For [twenty-four (24)] months following termination, Employee shall not solicit or accept as a patient any individual who was a patient of Employer's practice during the [twelve (12)] months preceding termination, except as required by patient choice or applicable continuity-of-care rules.

5.3 Non-Solicitation of Employees

For [twenty-four (24)] months following termination, Employee shall not solicit, hire, or induce the departure of any employee or independent contractor of Employer.

5.4 Confidentiality

Employee shall maintain in confidence and not disclose: ☐ patient PHI (HIPAA, 45 C.F.R. Part 164); ☐ Employer's trade secrets; ☐ payor contract terms; ☐ financial information.

5.5 Blue-Pencil / Reformation

If any restrictive covenant is held overbroad, the Parties consent to judicial reformation to the maximum extent enforceable under Kansas law consistent with Weber v. Tillman.

6. MALPRACTICE INSURANCE AND HEALTH CARE STABILIZATION FUND

6.1 Primary Coverage

Employer shall maintain, at Employer's expense, a primary professional liability policy covering Employee with limits of not less than $500,000 per claim / $1,500,000 annual aggregate, as required of "health care providers" under K.S.A. § 40-3402.

6.2 Health Care Stabilization Fund (HCSF)

☐ Employee acknowledges that Kansas-defined health care providers (physicians, podiatrists, chiropractors, optometrists, certified nurse anesthetists, nurse-midwives, professional corporations of such providers, and PAs in certain practice settings) must participate in the HCSF as a condition of active licensure under K.S.A. § 40-3401 et seq.
☐ Employer shall pay the annual HCSF surcharge for Employee in the amount determined by the HCSF Board of Governors for the applicable compliance period.
☐ HCSF excess coverage: $300,000 / $500,000 / $800,000 / $1,000,000 per occurrence (Employee elects: [____________]).

6.3 Tail Coverage

☐ Upon termination, [Employer / Employee] shall procure extended reporting period ("tail") coverage covering the period of Employee's employment if the primary policy is claims-made.
☐ HCSF coverage continues for occurrences during covered employment; see HCSF rules for continuing surcharge obligations of inactive providers.

6.4 Cooperation

Employee shall cooperate fully with Employer, the primary insurer, and the HCSF in the defense of any claim, including providing testimony, records, and timely notice of any incident, claim, or NPDB report.

7. COMPLIANCE; FEE-SPLITTING; FRAUD AND ABUSE

7.1 Healing Arts Act Compliance

Employee shall not engage in any conduct constituting "unprofessional conduct" under K.S.A. § 65-2837, including but not limited to: ☐ fee-splitting (K.S.A. § 65-2837(b)(19)); ☐ false advertising; ☐ impairment-related practice; ☐ failure to maintain adequate records.

7.2 Federal Compliance

Employee and Employer shall comply with: ☐ federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b); ☐ Stark Law (42 U.S.C. § 1395nn); ☐ HIPAA / HITECH; ☐ False Claims Act (31 U.S.C. § 3729 et seq.); ☐ Civil Monetary Penalties Law.

7.3 Exclusion / Sanctions

Employee represents that Employee is not, and during the term will not become, excluded from Medicare, Medicaid, or any federal healthcare program (OIG LEIE / SAM.gov).

8. ASSIGNMENT OF PATIENT RECORDS; INVENTIONS

8.1 Patient Records

All patient records generated during Employee's employment are the property of Employer, subject to Employee's right of access for legitimate purposes consistent with HIPAA and Kansas Board of Healing Arts patient-record retention guidance.

8.2 Work Product

All work product, intellectual property, protocols, and inventions developed within the scope of employment are the property of Employer.

9. DISPUTE RESOLUTION

9.1 Governing Law

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

9.2 Venue

Venue for any action lies exclusively in the District Court of [____________] County, Kansas, or the U.S. District Court for the District of Kansas if federal jurisdiction exists.

9.3 Arbitration (Optional)

☐ The Parties agree to arbitrate disputes (other than claims for injunctive relief regarding restrictive covenants) before [AAA / JAMS] under the [Employment / Commercial] Rules in [Wichita / Topeka / Kansas City], Kansas.

9.4 Equitable Relief

Employer is entitled to seek injunctive relief, without bond, to enforce §§ 5.1–5.4.

10. GENERAL PROVISIONS

10.1 Entire Agreement

This Agreement, including all schedules, constitutes the entire agreement between the Parties and supersedes all prior negotiations and agreements.

10.2 Amendment

Any amendment must be in writing and signed by both Parties.

10.3 Severability

If any provision is unenforceable, the remaining provisions remain in full force; § 5.5 controls restrictive-covenant reformation.

10.4 Notices

Notices shall be sent to the addresses set forth in § 1.1 by certified mail or recognized overnight courier.

10.5 Counterparts; Electronic Signatures

This Agreement may be executed in counterparts, including by DocuSign or other electronic means consistent with the Kansas UETA, K.S.A. § 16-1601 et seq.

11. EXECUTION

SCHEDULES

• Schedule A — Compensation Detail (Base, wRVU, Bonus, Benefits)
• Schedule B — Scope of Practice / Collaborative Practice Agreement (if APRN/PA)
• Schedule C — Restricted Territory Map
• Schedule D — HCSF Surcharge Election and Coverage Limits
• Schedule E — Outside Activities Permitted

SOURCES AND REFERENCES

• Kansas Healing Arts Act, K.S.A. § 65-2801 et seq.
• K.S.A. § 65-2837 (unprofessional conduct; fee-splitting)
• Health Care Provider Insurance Availability Act / HCSF, K.S.A. § 40-3401 et seq.
• Kansas Health Care Stabilization Fund: https://hcsf.kansas.gov/
• Weber v. Tillman, 259 Kan. 457, 913 P.2d 84 (1996)
• Kansas State Board of Healing Arts: https://www.ksbha.ks.gov/