A Q&A with Lynn Gordon, Chief Legal & Compliance Officer

Lynn Gordon is the head of legal and compliance at Alo Solutions and has worked as a healthcare attorney for over 25 years.

We took the opportunity to spend a few minutes with Lynn to discuss several legal issues that physicians should consider in various circumstances.

Lynn was recently featured in American Healthcare Leader to discuss championing value-based care delivery.

Q: It's great to be with you, Lynn, and share some contracting insights with you.

Could you give us a sense of the overall contracting landscape?

A: I've seen it all: The good, the bad, and the ugly.

Contracts and negotiations play a crucial role in your practice. But it's not what you went to medical school for. Reading and understanding contracts is essential to the success of you and your practice.

Q: What is the most important thing independent physicians should do when they receive a legal contract to sign?

A: First, I know it's obvious, but read the contract.

One of the things I'm seeing now in the industry that really troubles me is we love DocuSign. You'll get a text or an email that says, press here to sign this contract. Don't do that. Please don't do that. You're not even looking at it. And that's the point. It's like phishing.

The vendor, potential employer, or partner wants you to sign without reading. So again, slow down and read the contract. It's really important.

Q: What should an independent physician look out for in a contractual arrangement?

A: I always have folks focus on term termination. Can you get out? How do you get out? How do you get let go?

Sometimes contracts will have 120 days' notice required of you to say I can't do this anymore, but it might have 30 on the other side, so you can be let go with 30 days.

That's not balanced. It's not fair.

Things like those are typically very negotiable.

So, don't be afraid to push back and ask questions.

Q: What about the compensation aspects of a legal contract?

A: And terms of compensation, read it carefully.

Physician compensation models are complicated, really complicated.

I recommend that if you read it and can't tell what you'll be paid, do not be shy, push back, and ask for an example.

Those things are essential.

Q: What else should an independent physician look out for in a legal contract? What about Covenants?

A: Another thing that I would recommend is to look at any kind of covenants.

Covenants are things you can't do because of your relationship with whomever you're contracting with.

For example, if you join a system or a medical group, there may be a noncompete covenant.

So, after you leave the group for X amount of time for y number of months, you won't be able to practice in that area. These are really important.

In North Carolina, we might see these as one or two years. If someone puts three, four, or five years in front of you, push back. If someone says a five-, six-, seven-, or eight-mile radius from where you're practicing, that's pretty reasonable. If it's 50 or 60, it's not.

So again, know that you can push back, and while covenants are enforceable in this state, it's about being reasonable.

Q: Should an independent physician hire an outside legal expert or attorney when negotiating a contract? 

A: Oh, absolutely. The last thing I would say is that seeking legal counsel is crucial.

The bigger the contract, the more important in some ways, but also, I think physicians struggle with 'I need to see an attorney, or I have to find an attorney.'

Being the daughter of a physician, I know the knee-jerk reaction is, 'Oh my gosh, it's a lawyer. I hate lawyers. This is who gets me if someone complains about me or files a medical malpractice action.'

At Alo Solutions, we have a team of experts — from legal and compliance to contracting and practice operations — that are always available to our physicians and practices.

Our job is really about making sure you're represented and protected, so as physicians, you can focus entirely on practicing. Find a lawyer who reviews these kinds of contracts day in and day out. It's not an expensive review.

Q: Any last thoughts or advice to help independent physicians master contract negotiations?

A: That's your contracting 101 lesson for today. Protect yourself, look for pitfalls, and understand what you're signing.

If you don't, get someone to help you review it. It's not an arduous process, and it's really important to the future of your practice and your success.

To connect with Lynn Gordon on LinkedIn, click here.