Certificate of Employer Fairness

The American Academy of Emergency Medicine strongly supports fair working practices for emergency physicians. The Academy prefers the democratic ownership model for emergency physicians, but also recognizes those employers who offer a fair workplace for employed emergency physicians. Consequently, it will certify excellence in the ED workplace if employers offer the following five workplace conditions:

1. A reasonable due process policy, including the right to a fair hearing before any adverse actions are taken against the physician’s medical staff privileges. Examples include: Termination or suspension of a physician’s medical staff privileges requires a fair hearing upon request of the terminated physician. Contractual termination without cause may only occur during the first year of employment.
    
2. Contractual termination without cause may only occur during a provisional period not to exceed one year. Examples include: The contract does not include non-compete or similar clauses that affect where a physician may work upon leaving the group or upon group turnover at the hospital.
    
3. Employment arrangements do not include post-contractual restrictions on the right to practice. Examples include: The contract does not include non-compete or similar clauses that affect where a physician may work upon leaving the group or upon group turnover at the hospital.
    
4. A reasonable policy of financial transparency protects physicians against financial exploitation. Examples include: Partners are automatically provided information on total group charges, collections, management, and operational expenses, and other group income distribution on at least a quarterly basis.
    
5. The ownership of a group practice must not include any lay people. However, the emergency physician may work for a hospital, university, or non-profit corporation or foundation, but lay people may not supervise the physician’s clinical work. Examples include: The employer must be an emergency physician. If the hospital delegates the authority to manage their emergency department to a practice group, the ownership of the group shall not include any lay owners. Under no condition shall any lay person supervise the clinical work of the emergency physician.
    
6. We do not require physicians in our group to indemnify our group, any hospital, or any other third party.

The AAEM board of directors reserves the right to reasonably amend the requirements of this certificate.  The granting of this certificate is not permanent and is subject to periodic review.

The Academy recognizes the existence of many different emergency department business models. The following examples are provided as guidelines that comply with the principles outlined above. These guidelines are not absolute, but reflect the spirit of fairness encouraged by the Academy. Thus, any employer who believes it meets conditions for fairness is encouraged to submit an application for a certificate of excellence. Applications will be reviewed by the Academy. Departments that are deemed to fall outside fairness criteria will be provided direct feedback and given ample opportunity to reapply. Emergency physicians are encouraged to contact AAEM (anonymously, if desired) to report a listed group that they believe is not in compliance, along with an explanation.”

Applicants for Certificate of Excellence in Emergency Department Employer Fairness

Recognized as being in compliance with Certificate of Employer Fairness Standards & Conditions

Duke Raleigh Hospital (North Carolina)

Emergency physicians are encouraged to contact AAEM (anonymously, if desired) to report a listed employer that they believe is not in compliance along with an explanation.