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Employment Agreements

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An employer should consult with a qualified attorney before preparing employee handbooks, contracts, or other documents that might be construed as a contract of employment. Some states infer a promise of fair dealing as part of the employment relationship. Other states have found that an office policy manual or employee handbook, or written offers of “permanent” employment may constitute a contract —especially if the handbook contains no language to the contrary. Therefore, if termination is necessary, all rights provided by the law and established by agreement must be respected by the employer.

A HIPAA covered entity may include background checks on prospective workforce members who will have access to protected health information as part of its HIPAA compliance policies and procedures. If your practice is a HIPAA covered entity, you should consider including background checks among the safeguards that you implement to protect your patients’ information.

Creating and Updating an Employee Policy Manual: Policies for Your Practice

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