medical-director-agreement

name	medical-director-agreement
title	Medical Director Agreement
description	Drafts a Medical Director Agreement between a healthcare organization and a physician, structured for Anti-Kickback Statute and Stark Law safe harbor compliance. Covers appointment, duties, FMV compensation, independent contractor status, restrictive covenants, HIPAA obligations, and regulatory safeguards for hospitals, ASCs, SNFs, and other facilities. Use when drafting medical director contracts, physician administrative services agreements, or healthcare leadership engagement letters.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/medical-director-agreement
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	healthcare
language	en
tags	["agreement","drafting","regulatory"]

Medical Director Agreement

Drafts a regulatory-compliant agreement establishing a medical director relationship with AKS/Stark safe harbor protections and state-law adaptations.

Prerequisites

1. Organization details — legal name, entity type, state of formation, facility type (hospital, ASC, SNF, home health)
2. Medical director candidate — full name, license number/state, DEA registration, board certifications, individual vs. professional entity
3. Scope parameters — exclusive vs. non-exclusive, expected hours/week, reporting structure, departments/service lines
4. Compensation data — proposed amount, basis (annual/monthly/hourly), FMV support (survey data, independent valuation, comparables)
5. Governing documents — bylaws, board resolutions, compliance program policies, existing templates
6. Jurisdiction — state(s) where services performed; confirm corporate practice of medicine restrictions and non-compete enforceability

Output Structure

1. Preamble & Recitals

Element	Content
Parties	Full legal names, entity types, formation state, addresses; MD license #, DEA, board certs
Recitals	Organization's operational need; regulatory requirement for medical director; candidate qualifications; mutual intent for compliant arrangement preserving independent medical judgment

2. Appointment & Duties

• Exclusive or non-exclusive designation; effective date; reporting line (CEO / Board / Medical Staff President)
• Time commitment (hours/week or month)
• Core duties checklist:
  • Clinical oversight for designated services/departments
  • Develop and update clinical policies, protocols, procedures
  • Quality assurance and performance improvement
  • Medical staff–administration liaison
  • Credentialing and privileging participation
  • Regulatory agency and accreditor representation
  • Compliance with federal/state healthcare laws