The MSP’s role in making sure contracts align with medical staff bylaws

MSPs should be familiar with all provider contracts, but most importantly, they should know the particulars of exclusive contracts. The chief medical officer and hospital counsel can be valuable resources regarding the details of such agreements. Before any contract is signed, MSPs and leadership should conduct a review of medical staff bylaws and rules and regulations, as well as any applicable credentialing policies, to identify any potential conflicts. That information should be shared with the medical staff. The medical staff bylaws must recognize exclusive contracts and any modifications to individual fair hearing rights that are included in the exclusive contract. The medical staff should provide advice in regard to the proposed contract before provider or exclusive contracts are approved. Key questions for MSPs include:

• Does the contract set forth specific privileges exclusive to a particular medical group?
• Does the contract include a “clean sweep” provision?
• Does the contract include modifications to the due process rights found in the medical staff bylaws? If so, what are the specific rights, and to whom do they pertain in the contracted group?
• What is the term of the contract?
• If the group should terminate a member, what is the notification process?

Source: Medical Staff Briefings