
Legal and Practical Perspectives on Medical Director Agreements - Line-By-Line Review
Session Summary: Medical Director Agreements are critical to establishing obligations and boundaries between the provider and the physician. A line-by-line review is crucial to understanding possible pitfalls. There are several key provisions that Medical Director Agreements should have, including (a) the duties of the medical director; (b) compensation; (c) the licensure, criminal history, and exclusion status of the medical director; and (d) insurance and indemnity. Recently the Department of Justice has investigated False Claims Act violations arising from the alleged payment of kickbacks in the form of sham medical director agreements and payments to the spouses of referring physicians. Session will review the nuances of key agreement terms and address Medical Director experiences in creating and negotiating an agreement.
Learning Objectives:
- Session will review the nuances of key medical director agreement terms and address Medical Director experiences in creating and negotiating an agreement.
- Session will review one physician's experience with a Medical Director Agreement.
- Attendees will understand key provisions of an agreement that impact them.

Sean Fahey, JD
Sean Fahey, JD, is a health attorney who helps skilled nursing facilities, assisted living facilities, home health providers, and hospice providers navigate regulatory and compliance matters. Sean represents physicians and providers in designing, negotiating, and drafting medical director agreements. Sean represents health care clients in all areas of health care compliance, governance, transactions, Medicare enrollment, administrative appeals, and agreements. Sean counsels nonprofit clients on charitable operations and governance.

Arif Nazir, MD, CMD
Arif Nazir, MD, CMD, currently serves as the Chief Medical Officer for BrightSpring Health Services, Primary Care, a large, value-based, geriatric practitioner organization, and the Chief Medical Officer for Signature HealthCARE. He is Past President for AMDA, founding member for the Society’s Innovation Council, and Co-chair of Society’s Drive to Deprescribe initiative. As a healthcare leader, researcher, entrepreneur, and an implementation champion, he continues to focus his efforts on finding practical solutions for solving care coordination gaps and on enhancing leadership and teamwork in the PALTC frontlines.