A May 20 article in Part B News, “Must You Rehire Suspended Providers Who Get Their License Back? Look to Contract,” discussed whether an employer must rehire a suspended provider who gets his or her license back. Rivkin Radler’s Chris Kutner was quoted in the article.
Chris said that the contract between the provider and employer will determine the employer’s obligation, although it is very rare that the person will get rehired. “Think of it from the employer’s perspective. Loss of license prevents you from being able to see patients and from being able to bill for services. Therefore [the employer] doesn’t have an obligation to pay you because you’re not able to produce revenue for them,” he said.
“Maybe some employment agreements should say, ‘if the license is suspended temporarily, there’s a duration of time within which the employer would have an obligation to employ,’” Chris added. “But I’ve never seen that language.”
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