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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I hope you can help. I have a situation and a couple of

Customer Question

Hi I hope you can help. I have a situation and a couple of questions I need answered. You have helped me in the past and i was successful. Please be as clear and detailed as possible. Thanks An advanced practice nurse who has been employed for 10 years
is told that the position is being eliminated. The panel of patients seen by this APN would be given the option of being seen by other healthcare providers in the practice or in the community. 1. How can the APN might retain his/her practice while capturing
the income stream generated by his/her services. 2. Describe how I would market myself to potential clients in this situation. ****** there are usually contract restrictions that prevent you from telling my patients where I will be going, and/or luring them
away from the practice)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard, since the professional you requested is not available at this time.

Do you have such a contract restriction?

When you say the patients are being given an option to be seen - by who and who is giving the option, please?

Customer: replied 1 year ago.
The information is all in the question. Patients are given the Option to be seen by other healthcare providers in the practice or in the community. The other healthcare providers in the practice are giving the option.The issue of reimbursement in health care is an increasingly difficult problem. Unfortunately, the Centers for Medicare and Medicaid (CMS) does not want to reimburse primary care providers adequately. As a result, health care practices are forced to make progressively challenging decisions with regards ***** ***** and how to maintain the ability to function in this environment. In the case presented, as a nurse practitioner, I have been informed that my position is being eliminated. I have been with the company for ten years, and during this time, I have presumably established professional relationships with a number of patients. This is tragic, because the best person to treat a patient is the person who knows the patient. I must find ways to market myself, but also must ensure that I do not violate any contract clauses. Oftentimes, a non-compete agreement is written into any employment contracts. This prevents providers from leaving a position and luring patients with the provider Nurse practitioners are becoming increasingly accepted health care providers. However, this depends upon the state in which I live. Currently, I live in the State of New Jersey. In this state, nurse practitioners do not have a full practice autonomy. This would also hinder my ability to improve my practice. I must work with a physician as a result of the reduced autonomy. In this state, the nurse practitioner must have a collaborative agreement with a physician with regards ***** ***** parts of practice. I hope you can help me now.
Expert:  Samuel II replied 1 year ago.

Thank you for the clarification. I did not see where you stated the healthcare providers are giving the option. I apologize if I missed it somehow.

I fully understand your position is being terminated and generally it is a cost saving measure.

And I am fully familiar with non competes.

I appreciate you taking the time to make further statement for my clarification as that provides me the best tool to provide you the information you need.

Please remember, I can only answer what you ask and this appears to be the question in the body of your fact statement:

"I must find ways to market myself, but also must ensure that I do not violate any contract clauses."

I suggest, that you can certainly run ads in your local papers where you will be relocating. You may be under restriction to not solicit your current patients, but that does not preclude you from advertising your new location and they can find you. So once you get in place with a new physician, ask them to help you to advertise your new location. There is nothing in violation of your restrictions in that way.

I also suggest, that you can talk to your current employer and request that once you are established if your patients ask about you that they will tell them you were laid off due to costs and you are located with another physician. Of course, they don't have to do that. But it would be a generous gesture since they are laying you off.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you