Portman Robert M
Powers Pyles Sutter & Verville, PC, Washington, DC 20005, USA.
J Am Coll Radiol. 2007 Jun;4(6):401-5. doi: 10.1016/j.jacr.2006.09.014.
Hospitals routinely enter into contracts with radiology groups for the right to be the exclusive providers of radiologic services at the facilities in exchange for the groups' agreeing to provide and manage all aspects of those services within the hospitals. These exclusive contracts generally result in radiology departments and associated equipment being closed off to physicians who are not part of the contracting groups. Although exclusive contracts offer obvious benefits to the physicians who receive them and obvious disadvantages for those who are excluded, they also present pitfalls for physicians in the chosen group. Part 1 of this article discussed the legal issues raised by exclusive contracts. Part 2 weighs the practical advantages and disadvantages of exclusive contracts for physicians covered and not covered by such contracts and strategies for avoiding them, as well as provisions that can be included in medical staff bylaws to protect physicians from the automatic termination of privileges when a hospital enters into or terminates an exclusive contract. The remainder of the article provides tips on specific provisions of exclusive contracts that should be included or avoided.
医院通常会与放射科集团签订合同，以获得在其设施中成为放射服务独家供应商的权利，作为交换，这些集团同意在医院内提供并管理这些服务的所有方面。这些独家合同通常会导致放射科及相关设备不对非签约集团的医生开放。虽然独家合同给获得合同的医生带来了明显的好处，给被排除在外的医生带来了明显的不利，但它们也给选定集团中的医生带来了陷阱。本文第1部分讨论了独家合同引发的法律问题。第2部分权衡了此类合同涵盖和未涵盖的医生签订独家合同的实际利弊以及避免这些问题的策略，还有可以纳入医务人员章程以保护医生在医院签订或终止独家合同时不被自动终止特权的条款。本文其余部分提供了关于独家合同应包含或避免的具体条款的提示。
