Utah Healthcare Provider Employment Agreement
Healthcare Provider Employment Agreement (Utah)
This Employment Agreement ("Agreement") is entered into as of [__/__/____] by and between [EMPLOYER PRACTICE / GROUP NAME], a Utah [entity type] ("Employer"), and [PROVIDER NAME], [M.D. / D.O. / N.P. / P.A.] ("Provider"), licensed to practice in the State of Utah.
1. Position and Duties
☐ Position. Provider is engaged as [Physician / Nurse Practitioner / Physician Assistant] to render professional services within Provider's scope of licensure.
☐ Scope of Practice. Provider shall practice within the scope authorized by:
- Utah Medical Practice Act, Utah Code § 58-67-101 et seq. (physicians)
- Utah Nurse Practice Act, Utah Code § 58-31b-101 et seq. (APRNs)
- Utah Physician Assistant Act, Utah Code § 58-70a-101 et seq. (PAs)
☐ Licensure. Provider warrants active, unrestricted Utah licensure with the Division of Professional Licensing (DPL), current DEA registration, and any required controlled substance registrations.
☐ Supervision/Collaboration. [For PAs/APRNs] Practice arrangements shall comply with applicable Utah supervision and collaborative practice requirements.
☐ Hours. [____] hours per week; on-call schedule per Schedule A.
☐ Hospital Privileges. Provider shall obtain and maintain medical staff membership and clinical privileges at [HOSPITAL(S)].
2. Term and Termination
| Item | Detail |
|---|---|
| Initial Term | [____] years commencing [__/__/____] |
| Renewal | ☐ Automatic [____]-year renewals unless [__]-day notice; ☐ Mutual written agreement |
| Termination Without Cause | [____] days' written notice by either party |
| Termination For Cause | Immediate upon material breach, loss of licensure, DEA action, exclusion from federal healthcare programs, or loss of hospital privileges |
| Termination by Provider for Good Reason | Material breach uncured within [__] days |
3. Compensation
☐ Base Salary. $[__________] per annum, payable in accordance with Employer's regular payroll.
☐ Productivity Compensation. [wRVU-based / collections-based / hybrid] at $[____] per wRVU above [____] threshold. Methodology must comply with Stark Law personal services exception, 42 U.S.C. § 1395nn(e)(3), and the Anti-Kickback Statute.
☐ Signing Bonus. $[________], subject to [__]-month forgiveness/clawback schedule.
☐ Benefits. Health, dental, vision, retirement, [____] CME days, $[____] CME allowance, license/DEA/board fees, malpractice premium.
☐ PTO. [____] days vacation; [____] sick days.
☐ Relocation. $[________]; clawback if Provider terminates without good reason within [__] months.
4. Professional Liability Insurance
☐ Coverage. Employer shall provide [claims-made / occurrence] coverage with limits of $[1M] per claim / $[3M] aggregate.
☐ Tail Coverage (Claims-Made Only). Responsibility allocated as follows:
| Termination Scenario | Tail Responsibility |
|---|---|
| Provider voluntary resignation | ☐ Provider ☐ Employer ☐ Split [__]% |
| Termination by Employer without cause | ☐ Employer |
| Termination by Employer for cause | ☐ Provider |
| Non-renewal | ☐ Employer ☐ Split |
| Retirement after [__] years | ☐ Employer (paid by Employer) |
☐ Reporting Obligations. Provider shall report claims, NPDB-reportable events, and licensure actions per § 58-67-304.
5. Fee Splitting and Referrals
☐ No Fee Splitting. No portion of Provider's compensation constitutes prohibited fee splitting under Utah Code § 58-67-502 or unlawful conduct under § 58-67-501. Bona fide employment compensation is not fee splitting.
☐ Stark/AKS Compliance. Compensation is fair market value, commercially reasonable, and not determined in a manner that takes into account the volume or value of referrals.
☐ No Referral Requirement. Provider is not required to refer patients to any specific facility or provider.
6. Post-Employment Restrictions (Utah Code § 34-51-201)
☐ Non-Competition. For a period not to exceed one (1) year following separation (per § 34-51-201), Provider shall not engage in the [same/competing] medical practice within [____] miles of [Employer's primary practice location at __________]. Geographic scope and activity restrictions are narrowly tailored to protect Employer's legitimate interests.
☐ Patient Care Carve-Out. Notwithstanding the foregoing, restrictions shall not be construed to:
- Prevent Provider from continuing care for patients with active treatment needs where transition would harm the patient
- Prohibit emergency care
- Restrict patient choice of provider in violation of public policy
☐ Non-Solicitation of Patients. For one (1) year post-separation, Provider shall not directly solicit Employer's active patients. Provider may issue a one-time joint or compliant notice of departure pursuant to AMA Opinion 1.1.5 and DPL guidance.
☐ Non-Solicitation of Employees. For one (1) year post-separation, Provider shall not solicit Employer's employees or contractors.
☐ Statutory Remedies Acknowledgment. The parties acknowledge that under Utah Code § 34-51-301, an employee who prevails in an action challenging a post-employment restrictive covenant may recover costs, attorney fees, and actual damages.
☐ Severability/Blue Pencil. If any restriction exceeds statutory or judicial limits, it shall be reformed to the maximum enforceable scope.
7. Confidentiality and Records
☐ HIPAA. Provider shall comply with HIPAA, HITECH, and Employer's Notice of Privacy Practices.
☐ Records Ownership. Medical records are owned by Employer. Upon separation, Provider shall receive reasonable access for continuity of care and defense of claims pursuant to Utah Admin. Code R156-67.
☐ Confidential Information. Trade secrets, patient lists, fee schedules, and business plans remain Employer's property.
8. Reporting and Disclosure
☐ Provider shall promptly notify Employer of:
- Any malpractice claim, demand, or NPDB-reportable event
- Any DPL, Medicare/Medicaid, or DEA investigation or action
- Any loss or restriction of licensure or hospital privileges
- Any criminal charge (excluding minor traffic offenses)
- Exclusion or proposed exclusion from federal healthcare programs
9. Dispute Resolution
☐ Governing Law. Utah law governs without regard to conflict-of-laws principles.
☐ Venue. [____] County District Court, State of Utah.
☐ ADR. ☐ Mediation required before suit; ☐ Binding arbitration under Utah Uniform Arbitration Act, Utah Code § 78B-11-101 et seq.
10. Miscellaneous
☐ Entire agreement; written amendments only.
☐ Assignment requires consent except to successor entity.
☐ Notices to addresses in Schedule B.
☐ Counterparts and electronic signatures permitted (Utah Code § 46-4-101 et seq.).
Signatures
| Party | Signature | Date |
|---|---|---|
| Employer: [PRACTICE NAME] By: [NAME, TITLE] | _______________________ | [__/__/____] |
| Provider: [PROVIDER NAME, credentials] | _______________________ | [__/__/____] |
Sources and References
- Utah Code § 34-51-201 (Post-Employment Restrictions Act): https://le.utah.gov/xcode/Title34/Chapter51/34-51-S201.html
- Utah Code § 34-51-301 (Enforcement): https://le.utah.gov/xcode/Title34/Chapter51/
- Utah Medical Practice Act, § 58-67-101 et seq.: https://le.utah.gov/xcode/Title58/Chapter67/
- H.B. 270 (2026) Healthcare Worker Post-Employment Amendments: https://le.utah.gov/Session/2026/bills/enrolled/HB0270.pdf
- Utah DPL: https://dpl.utah.gov/
About This Template
These templates cover the everyday paperwork that happens between patients, providers, and health plans: consent forms, medical record authorizations, directives for end-of-life care, and requests to approve or deny treatment. Getting them right matters because they document medical decisions, release sensitive health information, and often have to meet both federal privacy rules and state-specific requirements. A form that is missing a required disclosure can be rejected by a provider or challenged later in court.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: May 2026