A cutting-edge issue in employment and health care law is the employment status of physicians in private practice who participate in managed care programs, as opposed to hospital staff physicians or residents. Are these private practice physicians employees or independent contractors? If they are employees, then the next issue is whether these physicians can unionize for the purpose of collective bargaining or other joint negotiations with health maintenance organizations (“HMOs”). If these physicians are not employees, then they cannot unionize, and they may be precluded from bringing certain employment discrimination, harassment, or retaliation claims against a HMO or other managed health care provider. Read More…
