ADVISORY e-ALERT     January 27, 2010
 
Advisory Law Group, a Professional Corporation
 
 
                                     
MID-COURSE CONTRACT CORRECTION: 
 
IT IS ROCKET SCIENCE
 
The Galileo spacecraft travelled 14 years from Earth to Jupiter.  And for a good part of its journey, it was off course.
 
But instead of making hundreds of small course corrections, to save fuel it made a handful of significant ones.
 
Your group has an exclusive contract that provides for stipend support from the hospital.  Two years into its five year term, you realize that the stipend is insufficient.  It's not that you've mismanaged, underestimated or even under-budgeted; the cause of the financial problem is that the hospital has purposefully attracted a new stream of patients that, for your specialty services, means a significant increase in low and no-pay business.
 
What's the timing of an appeal to the hospital for a renegotiated stipend package?
 
Take a lesson from the Galileo:  instead of frequently going to the hospital to revisit contract terms, conserve your fuel -- the goodwill that your group has built up  -- and make, at most, no more than a few very meaningful revisits of contract terms.
 
I realize that many readers have never considered the notion of ever renegotiating a hospital contract.  But in practice, mid-course renegotiation is a common occurrence.
 
However, the strategies and tactics required to achieve a successful result are not.
 
Unfortunately, many groups lack the discipline to properly time mid-course renegotiation and when they do renegotiate, they often throw strategy to the wind - resorting to a "flying by the seat-of-your-pants" type style.
 
But, as is the case with a complete contract negotiation itself, mid-term contract renegotiations should be properly staged and crafted.  Issues must be defined, support must be garnered, and the context must be framed . . . all before making the initial move.
 
And, the manner of the initial move, whether by way of a simple overture, an exploration of a potential notice of termination, or an actual notice of termination, must be carefully weighed.
 
Despite what you may believe, contracts aren't cut from stone.  If you are willing to pay the price, they may be broken.  They may even be bent.  And, certainly, they may be modified.  But, like the Galileo's course corrections, just don't do it too often.
 
On the bright side, you're not seven years and 200 million miles out on your voyage.  On the other hand, it still might be time to consider your options.  
  
Let us know if we can help you get back on course. 
 
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CAUGHT IN THE STORM OF UNCERTAINTY OF HEALTHCARE "REFORM?":
STEPS YOUR GROUP MUST TAKE 
 
 
 

visit www.advisorylawgroup.com/videos.html 

 
 
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RECENTLY PUBLISHED ARTICLES
Taking on Risk With Dubious Reward, published on AuntMinnie.Com on January 4, 2010.
 
Thriving Despite (so-called) Healthcare Reform, published on AuntMinnie.Com on January 14, 2010.
 
To Control the Contract, Control the Context, published in the January 2010 issue of Anesthesiology News.
 
 
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ADVISORY LAW GROUP, a Professional Corporation
 
Tel:  800-488-8014 or 310-843-2800
Fax:  877-883-0099
 
10940 Wilshire Blvd, 16th FL
Los Angeles, CA  90024
 
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Santa Barbara, CA  93101

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The materials presented in this Advisory e-Alert are educational only and are neither legal advice nor a substitute for it. Advisory e-Alert presents a general discussion which may or may not apply to your particular legal or factual circumstances. The distribution of Advisory e-Alert is not intended to create, nor does it create, an attorney-client relationship. Please do not send us confidential information without receiving explicit authorization from Advisory Law Group to do so. Do not take or avoid taking any action as a result of the materials presented in this e-Alert without first obtaining legal counsel.   
 
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In This Issue
Mid-Course Contract Correction
Videocast: Caught In The Storm Of Uncertainty?
Recently Published Articles
The e-Alert Archive
Experience Monopoly Teleseminar
The Immediate Leader Experience
Mentor Program
The Wisdom. Applied. Blog
PHONE SEMINAR:
 
A CUSTOMER SERVICE EXPERIENCE MONOPOLY
*** 
WHAT IS IT AND HOW TO DEVELOP ONE
 

 

Fielding a team of great doctors is only the price of admission -- it no longer guaranties your medical group any real level of success.
 
Learn what a customer service experience monopoly is and what's required to develop one before your competitors do.
 
Listen in as Mark provides you with the tools for you to transformationally improve your practice.
 
Cost:  $497 per location 
Date:  February 26, 2010
Time:  12:00 p.m. Pacific/2:00 p.m. Central/3:00 p.m. Eastern - Approximately 30 minutes in length.
 
The deadline for registration is February 24, 2009.
 
Contact request@advisorylawgroup.com for registration information.
 
 
 
 
THE IMMEDIATE LEADER EXPERIENCE™ 
 
 
 

You're a physician who wants to form a medical group and, among other things, subcontract with or employ other physicians, enter into exclusive contacts, obtain significant stipend support money, create related entities to increase protection and the like. And you want to come up to speed on all of this immediately.

Or, you're the new leader of an existing group with complex practice and business operations -- you need to understand how to master the group's organizational, operational and leadership issues -- and you need to be brought up to speed immediately.
 
After having regularly dealt for many years with physicians in both of these contexts, we've designed a process to deliver immediate results: The Immediate Leader Experience™.
 
The Immediate Leader Experience™ takes place over a weekend in Santa Barbara, California and includes two nights accommodation at the Four Seasons Santa Barbara Biltmore Hotel. 
 
In two short days, you'll be entirely up to speed, totally prepared and confident.  You'll be armed with tools and sample documents.
 
Due to the nature of this program, admission is upon interview only -- there is extremely limited availability.
 
For further information on The Immediate Leader Experience™ follow this link.  
MENTOR PROGRAM 
For information on Mark's mentor program, click on the following link:  The Advisor Program.
 
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THE WISDOM. APPLIED. BLOG
Follow this link to Mark's blog, Wisdom. Applied.
 
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