What has it been like to live through this work disruption? “It’s been nonstop—communicating with the hospital, coordinating with my colleagues, consulting lawyers, engaging with ACEP, having meetings, researching and brainstorming solutions,” he said.

“How do I feel? Gutted and overwhelmed. I feel like the hospital system and corporate greed have reduced me to a commodity rather than treating me as a human. They tell me I’m valued, but their actions say otherwise. And amidst this unnerving experience, I’m still showing up to care for patients—many at the most vulnerable moments of their lives.”

Possible Responses

ACEP Board Member Diana Nordlund, DO, JD, FACEP, a corporate compliance lawyer and attending physician with Emergency Care Specialists in Grand Rapids, Mich., said the troubles with NES Health “are a very difficult position for physicians to find themselves in, where they have bound themselves to a contract and they’ve delivered what they promised to deliver pursuant to that contract.”

There are several kinds of suits that physicians could pursue against companies that leave them high and dry, including a class action lawsuit for breach of contract. Affected physicians could file a claim in bankruptcy court for money owed to them by the corporation declaring bankruptcy, Dr. Nordlund said; although, that may not offer much chance of recovery if the defendant, like NES Health, truly has no resources.

“This has been an excellent argument for making sure that you have an air-tight employment contract the next time you sign one, and that you understand your contract clauses and termination clauses,” Dr. Nordlund said. Start by developing a relationship with an attorney who practices in your state and does health care contracts.

ACEP is also trying to promote best models for employers and offers a master class for physicians looking to form their own physician-owned group. “We are also seeing some physicians move to a hospital system-employed model. There are pluses and minuses to all of these models,” she said.

The NES Health closure “is another sign of how challenging our jobs are getting at all levels,” ACEP President Dr. Haddock told ACEP Now. “We need more control in the hands of frontline physicians. Part of that is demanding more transparency from our employers, so we can understand what’s happening to the money,” Dr. Haddock said.

“Hospitals had a chance to be an advocate for their frontline employers. They have an important role here. Talk to your doctors. Find solutions. Make sure patients keep getting care,” she added. “In the meantime, physicians need to look out for themselves. As a start, have a deep knowledge of your contract. That is important, now more than ever. Knowledge is power.”