Healthcare Employment Agreement (New Hampshire)

HEALTHCARE EMPLOYMENT AGREEMENT

(New Hampshire – Physician / Nurse Practitioner / Physician Assistant)

This Healthcare Employment Agreement ("Agreement") is entered into as of [__/__/____] by and between:

1. POSITION; DUTIES; SCOPE OF PRACTICE

1.1 Title. Employer engages Clinician as [Physician / Nurse Practitioner / Physician Assistant] in the specialty of [______].

1.2 Scope. Clinician shall practice strictly within the scope authorized by NH RSA ch. 329 (physicians), RSA ch. 326-B (nurses), or RSA ch. 328-D (physician assistants), as applicable, and within Clinician's training, board certification, hospital privileges, and any collaborating-physician or supervisory arrangement required by NH law and Board of Medicine / Board of Nursing rules.

1.3 Full-Time / Part-Time. ☐ Full-time ([__] hours/week) ☐ Part-time ([__] hours/week)

1.4 Outside Activities. Clinician shall not engage in outside clinical practice without Employer's prior written consent. Academic, teaching, and writing activities are permitted subject to Section 7.

1.5 Call Coverage. Clinician shall participate in call rotation on an equitable basis: approximately [__] nights/weekends per [month/quarter].

2. CREDENTIALING; LICENSURE

2.1 Clinician represents and warrants: (a) current unrestricted NH license; (b) current DEA registration; (c) no pending or threatened disciplinary, NPDB, Medicare/Medicaid exclusion, or malpractice actions other than as disclosed in Exhibit A; (d) eligibility for participation in Medicare, Medicaid, and Employer's contracted payer panels.

2.2 Clinician shall maintain all licenses, certifications, DEA registration, board certification (if applicable), CME hours required by the NH Board of Medicine or Board of Nursing, and hospital privileges at [HOSPITAL(S)] throughout the Term.

2.3 Clinician shall report to Employer within [__] business days any: malpractice claim or paid loss, NPDB query/report, license restriction or investigation, payer exclusion, arrest or conviction, or loss of privileges. Employer is independently obligated to report reservable claims and adverse actions under RSA 329:17 and federal NPDB rules.

3. COMPENSATION

3.1 Base Salary. $[______] per annum, paid in accordance with Employer's payroll practices.

3.2 Productivity / wRVU Bonus. [If applicable] Clinician shall receive $[__] per wRVU above a threshold of [__] wRVUs per [period]. All productivity compensation shall comply with the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7b) and Stark Law (42 U.S.C. § 1395nn) — compensation is set in advance, consistent with fair market value, commercially reasonable, and not determined in a manner that takes into account the volume or value of referrals.

3.3 Sign-On / Retention. $[______], payable [terms]; forfeiture if Clinician terminates without Good Reason or is terminated for Cause within [__] months.

3.4 Benefits. Health, dental, vision, retirement, [__] days PTO, [__] days CME with $[__] CME allowance, professional dues, NH license and DEA renewal fees.

3.5 Relocation. Up to $[______] reimbursement; repayment pro rata if Clinician departs within [__] months.

4. MALPRACTICE INSURANCE; TAIL COVERAGE

4.1 Employer shall procure and pay for professional liability insurance with limits not less than $[1,000,000] per claim / $[3,000,000] aggregate, written on a [claims-made / occurrence] basis covering Clinician's services under this Agreement.

4.2 Tail Coverage. If coverage is claims-made, the cost of an extended reporting endorsement ("tail") upon termination shall be borne by:

☐ Employer in all events
☐ Clinician in all events
☐ Employer if termination is without Cause or by Clinician for Good Reason; Clinician otherwise
☐ Split [__]% / [__]%

4.3 Employer's malpractice carrier shall be reported to the NH Board of Medicine consistent with RSA 329:17.

5. TERM; TERMINATION

5.1 Term. Initial term of [__] years, commencing [__/__/____], with automatic renewal for successive [__]-year terms unless either party gives [__] days' written notice of non-renewal.

5.2 Termination Without Cause. Either party may terminate on [90/180] days' written notice.

5.3 Termination for Cause (immediate, by Employer): (a) license suspension/revocation/surrender; (b) DEA loss; (c) exclusion from Medicare/Medicaid; (d) loss of required hospital privileges; (e) felony conviction or crime of moral turpitude; (f) material breach uncured after [30] days' notice; (g) gross misconduct or patient harm.

5.4 Termination for Good Reason (by Clinician): material reduction in compensation, material relocation, or Employer's uncured material breach.

5.5 Effect of Termination. Final wages paid per NH RSA 275:43 and 275:44. Medical records remain Employer's property subject to the patient-access rights of RSA 332-I and HIPAA. Patient notification of Clinician's departure shall comply with NH Board of Medicine guidance and Employer's policy.

6. RESTRICTIVE COVENANTS

6.1 Physician Non-Compete — VOID. The parties acknowledge that under N.H. RSA 329:31-a, any provision purporting to restrict Clinician (if a physician) from practicing medicine in any geographic area for any period of time after termination is void and unenforceable. No such restriction is imposed by this Agreement.

6.2 Non-Physician Clinicians — Advance Notice. If Clinician is not a physician and any noncompete provision is included as an exhibit or addendum, Employer represents that a copy was provided prior to Clinician's acceptance of the offer of employment in compliance with N.H. RSA 275:70. Any noncompete with a "low-wage employee" (as defined in RSA 275:70-a) is void.

6.3 Confidentiality (Enforceable). Clinician shall not, during or after employment, use or disclose Employer's confidential information, trade secrets, fee schedules, payer-contract terms, business strategies, employee/clinician information, or patient information (subject to HIPAA and 42 C.F.R. Part 2 where applicable).

6.4 Non-Solicitation of Patients (Enforceable). For [12] months after termination, Clinician shall not directly solicit Employer's patients to transfer care; provided that Clinician may respond to unsolicited patient inquiries and shall comply with all NH Board of Medicine continuity-of-care obligations and the patient's right to choose a provider.

6.5 Non-Solicitation of Employees. For [12] months after termination, Clinician shall not solicit Employer's employees or contracted clinicians to leave Employer.

6.6 Patient Records / Patient Notification. Upon termination, the parties shall cooperate in patient notification consistent with NH Board of Medicine policy and AMA ethics guidance, including reasonable notice of Clinician's departure and means by which patients may obtain records or continue care.

7. COMPLIANCE; FRAUD & ABUSE

7.1 Clinician shall comply with Employer's compliance program, HIPAA, the False Claims Act, the Anti-Kickback Statute, the Stark Law, EMTALA, and NH RSA ch. 329 and Board of Medicine / Board of Nursing rules.

7.2 No Fee-Splitting / Kickbacks. Neither party shall pay, offer, solicit, or receive remuneration in exchange for patient referrals in violation of 42 U.S.C. § 1320a-7b or applicable NH law.

7.3 Clinician shall not bill, or cause to be billed, any service not personally rendered, supervised, or incident-to billing-eligible under CMS rules and NH scope-of-practice requirements.

8. ASSIGNMENT OF WORK PRODUCT

Any inventions, copyrightable works, protocols, and clinical materials developed within the scope of employment using Employer resources are works for hire and assigned to Employer. Clinician retains rights to general clinical knowledge and skills.

9. DISPUTE RESOLUTION

9.1 Governing Law. This Agreement is governed by the laws of the State of New Hampshire.

9.2 Venue. Exclusive venue lies in the Superior Court for [__] County, New Hampshire, or the U.S. District Court for the District of New Hampshire.

9.3 Mediation; Arbitration. Disputes shall first be submitted to non-binding mediation. ☐ The parties further agree to binding arbitration under AAA Employment Rules. ☐ Arbitration is not required.

9.4 Injunctive Relief. Notwithstanding any arbitration clause, either party may seek injunctive relief in court to enforce Sections 6.3–6.5 (confidentiality and non-solicitation).

10. GENERAL PROVISIONS

10.1 Entire Agreement. This Agreement, together with its exhibits, is the entire agreement and supersedes all prior negotiations.

10.2 Amendment. Only by writing signed by both parties.

10.3 Severability. If any provision is held invalid, the remainder remains in force. The parties expressly acknowledge that the voiding of any restrictive covenant by RSA 329:31-a, 275:70, or 275:70-a shall not affect the remaining provisions.

10.4 Notices. In writing, by hand, certified mail, or recognized overnight courier, to the addresses above.

10.5 Counterparts; Electronic Signatures. Permitted under NH RSA 294-E (Uniform Electronic Transactions Act).

SIGNATURES

EXHIBIT A — DISCLOSURES

☐ Pending or prior malpractice claims (description, status)
☐ NPDB reports
☐ License actions / Board investigations
☐ Medicare/Medicaid exclusions or sanctions
☐ Outside activities requested under Section 1.4

Sources and References

• N.H. RSA 329:31-a — https://gc.nh.gov/rsa/html/XXX/329/329-31-a.htm
• N.H. RSA 275:70 — https://gc.nh.gov/rsa/html/xxiii/275/275-70.htm
• N.H. RSA 275:70-a — https://gc.nh.gov/rsa/html/XXIII/275/275-70-a.htm
• N.H. RSA ch. 329 — https://gc.nh.gov/rsa/html/xxx/329/329-mrg.htm
• N.H. Board of Medicine — https://www.oplc.nh.gov/board-medicine-laws-and-rules