Healthcare Employment Agreement (Nebraska)

HEALTHCARE EMPLOYMENT AGREEMENT

(Nebraska — Physician / Nurse Practitioner / Physician Assistant)

TABLE OF CONTENTS

1. Parties and Effective Date
2. Definitions
3. Engagement; Licensure; Scope of Practice
4. Duties, Standards, and Clinical Authority
5. Compensation and Benefits
6. Term, Renewal, and Termination
7. Representations and Warranties
8. Restrictive Covenants (Non-Compete, Non-Solicit, Confidentiality)
9. Malpractice Insurance and Tail Coverage
10. Indemnification and Risk Allocation
11. Dispute Resolution
12. General Provisions
13. Execution

1. PARTIES AND EFFECTIVE DATE

This Healthcare Employment Agreement (the "Agreement") is entered into on [EFFECTIVE DATE: __/__/____] by and between:

2. DEFINITIONS

• "Practice" means Employer's clinical operations in Nebraska.
• "Restricted Territory" means a radius of [____] miles from Employer's primary office located at [ADDRESS].
• "Patients" means patients of Employer treated by Provider, or with whom Provider had material professional contact, in the [12 / 24] months preceding termination.
• "Confidential Information" means non-public business, clinical-protocol, pricing, payor-contract, and patient information.

3. ENGAGEMENT; LICENSURE; SCOPE OF PRACTICE

3.1 Engagement. Employer hires Provider as a [POSITION TITLE].

3.2 Licensure (Neb. Rev. Stat. § 38-2001 et seq.). Provider represents that Provider holds, and shall maintain throughout the Term, an active, unrestricted Nebraska license under the Uniform Credentialing Act, including (as applicable) DEA registration and any required collaborative-practice or supervisory agreements for APRNs/PAs.

3.2.1 ☐ Provider is a physician (M.D./D.O.) licensed under Neb. Rev. Stat. § 38-2025.
3.2.2 ☐ Provider is an APRN; collaborative-practice or transition-to-practice requirements are addressed in Schedule B.
3.2.3 ☐ Provider is a PA practicing under a supervising physician agreement per Neb. Rev. Stat. § 38-2048 et seq.

3.3 Scope of Practice. Provider shall practice within the scope authorized by Nebraska licensure and Employer's credentialing/privileging documents. Provider shall adhere to the standards of acceptable and prevailing practice (Neb. Rev. Stat. § 38-179).

4. DUTIES, STANDARDS, AND CLINICAL AUTHORITY

4.1 Provider shall devote [full-time / __ hours/week] to the Practice.
4.2 Clinical judgment regarding patient care is reserved to Provider; Employer shall not interfere with Provider's exercise of independent medical judgment.
4.3 Provider shall comply with HIPAA, Nebraska privacy laws, EMTALA (where applicable), and Employer's compliance program.

5. COMPENSATION AND BENEFITS

5.1 Base Compensation. $[ANNUAL SALARY], payable per Employer's payroll cycle in compliance with the Nebraska Wage Payment and Collection Act (Neb. Rev. Stat. § 48-1228 et seq.).

5.2 Productivity / wRVU Bonus. ☐ Yes ☐ No. If yes, terms in Schedule A.

5.3 Fee-Splitting Prohibition (Neb. Rev. Stat. § 38-179). No compensation under this Agreement is paid in exchange for the referral of patients or for the use of any facility. All compensation is for bona fide professional services. Productivity formulas are based on Provider's personally performed services and are not based on the volume or value of referrals.

5.4 Benefits. Medical, dental, retirement, CME allowance ($[____]/year), license/DEA fees, board-certification dues, and [__] days PTO.

6. TERM, RENEWAL, AND TERMINATION

6.1 Initial Term: [__] years from the Effective Date; auto-renewing for successive 1-year terms unless either party gives [90] days' written notice.

6.2 Termination for Cause (immediate): loss of licensure; exclusion from Medicare/Medicaid; loss of DEA; felony conviction; loss of hospital privileges; material breach uncured after [30] days' notice.

6.3 Termination Without Cause: Either party may terminate on [90] days' written notice.

6.4 Effect of Termination. Provider shall return all Confidential Information and Employer property. Patient records remain property of Employer.

7. REPRESENTATIONS AND WARRANTIES

Provider represents: (a) no pending disciplinary action; (b) no NPDB adverse reports beyond those disclosed in Schedule C; (c) no exclusion from federal healthcare programs (OIG/GSA/SAM); (d) authority to enter this Agreement free of prior restrictive covenants.

8. RESTRICTIVE COVENANTS

8.1 Non-Compete (Rule of Reason). During the Term and for [12 / 18 / 24] months after termination, Provider shall not, within the Restricted Territory, provide medical services of the same type Provider provided to Employer to any Patient with whom Provider had material professional contact during the [12 / 24] months preceding termination.

8.2 Limitation by Scope. This covenant is limited to the specialty of [SPECIALTY] and to patient relationships developed at Employer's expense. It does not restrain Provider from practicing other specialties or from treating non-Patients outside the Restricted Territory. The parties acknowledge that under Nebraska law (Securities Acceptance Corp. v. Brown, 171 Neb. 247 (1960); Polly v. Ray D. Hilderman & Co., 225 Neb. 662 (1987); Vlasin v. Len Johnson & Co., 235 Neb. 450 (1990)), the covenant is no greater than reasonably necessary to protect Employer's legitimate business interests.

8.3 Non-Solicit of Patients/Employees. During the Term and for [24] months afterward, Provider shall not solicit Patients (limited to those with whom Provider had material contact) or actively recruit Employer's employees.

8.4 Confidentiality. Provider shall not disclose Confidential Information except as required by law or to provide care. Survives termination.

8.5 No Reformation. The parties acknowledge that if any restriction in this Section 8 is determined by a Nebraska court to be unreasonable, the court will not reform or blue-pencil the restriction; the unenforceable provision will be void, but the remaining provisions shall remain in full force.

8.6 Buy-Out Option. ☐ Provider may, in lieu of Section 8.1, pay Employer $[____] as liquidated practice-development damages (a reasonable forecast of harm).

9. MALPRACTICE INSURANCE AND TAIL COVERAGE

9.1 Primary Coverage. Employer shall maintain professional liability insurance covering Provider at minimum limits of $200,000 per occurrence / $600,000 aggregate to satisfy the financial responsibility threshold for qualified-provider status under the Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2801 et seq.

9.2 Excess Liability Fund (Neb. Rev. Stat. § 44-2829, § 44-2840). Employer ☐ shall ☐ shall not pay the surcharge to qualify Provider under the Nebraska Excess Liability Fund. Qualified-provider status caps individual liability at $800,000, with the Fund covering up to the statutory total of $2.25 million (Neb. Rev. Stat. § 44-2825, for acts on/after Dec. 31, 2014).

9.3 Tail / Nose Coverage. Upon termination, [Employer / Provider] shall purchase extended-reporting-period ("tail") coverage if the policy is claims-made.

10. INDEMNIFICATION AND RISK ALLOCATION

10.1 Employer indemnifies Provider for claims within the scope of employment, subject to insurance limits.
10.2 Provider indemnifies Employer for criminal acts, fraud, intentional misconduct, or practice outside scope of licensure.

11. DISPUTE RESOLUTION

11.1 Governing Law. This Agreement is governed by Nebraska law.
11.2 Forum. State and federal courts located in [COUNTY] County, Nebraska.
11.3 ☐ The parties agree to mediate before suit. ☐ Arbitration (AAA Employment Rules) — note that injunctive relief regarding Section 8 may be sought in court.

12. GENERAL PROVISIONS

Entire agreement; written amendments only; severability (subject to Section 8.5 no-reformation rule); notices; assignment requires consent; counterparts and electronic signatures permitted.

13. EXECUTION

SCHEDULE A — Compensation Detail

Base, wRVU rate, bonus thresholds, signing bonus, repayment schedule.

SCHEDULE B — Scope, Schedule, Call Coverage

Hospitals, clinics, call rotation, supervisory/collaborative practice for APRN/PA.

SCHEDULE C — Disclosures

NPDB history, prior malpractice claims, prior restrictive covenants.

SOURCES AND REFERENCES

• Nebraska Uniform Credentialing Act, Neb. Rev. Stat. § 38-101 et seq.; Medicine and Surgery Practice Act, § 38-2001 et seq.
• Nebraska Hospital-Medical Liability Act, Neb. Rev. Stat. § 44-2801 et seq.
• Nebraska Wage Payment and Collection Act, Neb. Rev. Stat. § 48-1228 et seq.
• Securities Acceptance Corp. v. Brown, 171 Neb. 247, 106 N.W.2d 456 (1960).
• Polly v. Ray D. Hilderman & Co., 225 Neb. 662 (1987); Vlasin v. Len Johnson & Co., 235 Neb. 450 (1990) (no blue-pencil; rule of reason).
• Nebraska Department of Insurance, Hospital-Medical Liability Act materials and Fund-Qualified Provider Guidelines.

Disclaimer: Informational template only. Nebraska's no-blue-pencil doctrine makes precise drafting of Section 8 essential. Have Nebraska counsel review before execution.