Insights for 2026 Contracts - Considerations for 2026 Physicians
Over time I have reviewed many physician contracts and accompanying agreements and various trends can sometimes emerge in terms of what I see presented to physicians. Physicians hire me to review all sorts of agreements, everything from standard employment agreements to independent contractor or moonlighting positions, to locum agreements and a lot in between. In terms of agreement terms, I have seen steady increases in employers attempting to leave key terms in changeable employee handbooks rather than in the contract, and in employers who state that contracts are non-negotiable. I have also seen some difficulty in getting certain employers to offer salaries aligned with reasonable MGMA salary data. Despite these challenges, my clients are still often able to achieve some improvement in their final contract terms.
I also see increasing numbers of physicians evaluating less traditional schedules or employment options such as medical directorships, exclusive telehealth jobs or boutique practice settings such as testosterone clinics. Some of these are quite legitimate, while others seem to amount to nothing more than the effective rental of the physician’s license to a corporate entity, which is often legally questionable and very risky. Each attorney will have their own perspective on reasonable risks for their physician clients to take as well as differing perspectives on the utility of non-traditional employment settings that physicians seek. I am very supportive of many different employment options for physicians; gone are the days when physicians were forced to stay miserable in one job for many years or work only for one employer. That said, I am especially cautious when reviewing urgent care medical directorship agreements, particularly for brand new physicians without the typical years of experience. I am also very skeptical of hormone and weight loss clinic agreements, as I’ve seen some examples of contracts seemingly geared to take advantage of both patients and physicians. My goal is for my clients to achieve the job they want while appropriately balancing malpractice risks to ensure a nice long career.
Aside from that, I have definitely seen significant increase in the number of employers amenable to four-day work weeks, which was more rare only a few years ago. Whatever the situation, I am happy to assess the opportunity and associated documents and give my honest assessment of whether an opportunity is legitimate and offers appropriate safeguards for practice.
