Exclusive Contracts: New Challenges, New Opportunities

November 30, 2017 - 1:00 pm to 2:30 pm (ET)

Audio Conference

Faculty:  Henry Casale and Joshua Hodges

Exclusive contracts are now common arrangements in hospitals all over the nation.  As many hospitals have realized, they are an excellent means to provide patients with access to continuous, reliable services.

Here at Horty, Springer & Mattern, exclusive contracts cross our desks all the time, and we frequently guide clients through the process of considering, negotiating, and entering such arrangements.  Lately, we’ve seen a significant number of new developments in this practice area.

Exclusive contracts are expanding into non-traditional specialties such as invasive cardiology and neonatology.  More and more hospitals want to employ their exclusive physicians while many Health Systems want to contract with one group to provide services at all of the hospitals within the Health System.  As a result, negotiations over these arrangements are becoming more complicated. New rules are driving further evolution while decreases in provider reimbursement and changes in the managed care market are making negotiations with exclusive providers more difficult.  The bottom line is that you can’t treat exclusive contracts as you have in the past.  You need to prepare yourself to tackle new challenges and to take advantage of new opportunities.

We’re here to help.  Join us on November 30, 2017 as Henry Casale and Joshua Hodges discuss these new developments in depth.  You’ll learn about the latest legal developments in this area, including a recent change to the IRS’s long-standing position with regard to the term and termination provisions of an exclusive agreement. We will also discuss the other key terms that you should include in your exclusive agreements, especially those relating to third-party payer participation, payment for administrative services, and medical staff privileges.  We will also share our best practices for planning and executing exclusive agreements, including tips for avoiding common pitfalls.

We hope that you can participate in this audio conference.

Thursday, November 30.

  • Audio Conference 1:00-2:00 (ET)
  • Questions and Discussion 2:00-2:30 (ET)



  • Background on exclusive agreements — why courts and the FTC have found exclusive agreements to be pro-competitive
  • Process that a hospital should follow to adopt an exclusive agreement
  • Recent legal developments, including a 2017 IRS pronouncement that affects the term and termination clause of an exclusive agreement
  • Other key terms that should be included in an exclusive agreement, especially those related to third-party payer participation and medical staff privileges.

Educational Objectives

Upon completion of this audio conference, participants should be able to:

  1. negotiate the terms that should be included in an exclusive agreement;
  2. avoid the legal challenges that have been made to exclusive agreements; and
  3. review how an exclusive agreement relates to the medical staff.

Education Credit

Instructions on how to obtain your Continuing Education certificate for audio conferences will be e-mailed to the contact person for your organization at the conclusion of each audio conference.

Category 1 CME

Joint Provider Statement

This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the University of Pittsburgh School of Medicine and HortySpringer Seminars.  The University of Pittsburgh School of Medicine is accredited by the ACCME to provide continuing medical education for physicians.

The University of Pittsburgh School of Medicine designates this educational activity for a maximum of 1 AMA PRA Category 1 Credit™.  Physicians should only claim credit commensurate with the extent of their participation in the activity.

CEUs Credit

Other health care professionals are awarded 0.1 continuing education units (CEUs), which is equal to 1 contact hour.

NAMSS Continuing Education Credit

This course has been approved for National Association of Medical Staff Services (NAMSS) continuing education credit and NAMSS hereby awards 1.0 NAMSS continuing education credits for participation in this activity.  Accreditation of this educational content in no way implies endorsement or sponsorship by NAMSS.


Audio Conference Registration:   $250/line.

Audio Conference & CD:     $300 (includes participation).

Audio Conference & MP3:     $300 (includes participation).

CD Only:     $250 for CD only.

MP3 Only:    $250 for MP3 recording only.

Register Online