The Hospital Management Agreement serves as the foundational document governing the relationship between healthcare facilities and professional management companies in the United States. This agreement is essential when a hospital seeks to outsource its management functions while maintaining compliance with federal and state healthcare regulations. It typically includes detailed provisions for operational oversight, financial management, regulatory compliance, quality assurance, and performance metrics. The agreement must carefully navigate complex healthcare regulations including HIPAA, Stark Law, and Medicare/Medicaid requirements while establishing clear lines of authority and responsibility.
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1. Parties: Identification of the hospital owner and management company
2. Background: Context and purpose of the management agreement
3. Definitions: Key terms used throughout the agreement including regulatory references
4. Scope of Services: Detailed description of management services to be provided
5. Term and Termination: Duration of agreement and termination conditions
6. Compensation: Management fees and payment terms
7. Compliance: Regulatory compliance obligations including HIPAA, Medicare/Medicaid, Stark Law, and Anti-Kickback provisions
8. Representations and Warranties: Statements of fact by both parties regarding licensing, authority, and compliance
1. Performance Metrics: Specific KPIs and performance standards for hospital management
2. Technology Integration: IT systems and data management provisions including EMR systems
3. Staff Training: Training requirements and responsibilities for hospital personnel
4. Emergency Services: Specific provisions related to EMTALA compliance and emergency care management
1. Schedule A - Services Description: Detailed breakdown of management services and responsibilities
2. Schedule B - Fee Structure: Detailed compensation calculations and payment terms
3. Schedule C - Performance Metrics: Specific KPIs and measurement methods for management performance
4. Schedule D - Compliance Requirements: Detailed regulatory compliance obligations and procedures
5. Schedule E - Insurance Requirements: Required insurance coverage details for both parties
6. Schedule F - Key Personnel: List of key management team members and their qualifications
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