One of our physicians entered into a one year Medical Directorship agreement that meets the exception in Stark. Physician resigns position for health reasons. Since the position is only for one(1) year, and we must have a surgical services director, does the new director have to enter into a one (1) year agreement or can we just have him for the remainder of the term for the original director? I am unable to locate any authority on this issue.
Kathy P. Hurst BSN, MSN, JD, Esq., RN, GN-BC, CHC
Hurst Consulting Group LLC
4842 Francis Avenue
Chino CA 91710
Ph: (714) 337-3393
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In my opinion (and I am NO EXPERT), you can enter into an agreement/contract that has a term of less than one year. Contracts are normally governed by state law. I would just detail the background of the situation in the Recital section.