There has been a lot of activity with health care legislation to give physicians anti-trust relief or collective bargaining rights. While these two terms may be used interchangeably, they represent different situations for different groups of physicians. This article will try to clarify the differences in these terms and their importance to family physicians and more importantly, to the health of our patients. Employed physicians include those who work for an HMO or other entity, as well as residents and fellows.
Employed physicians negotiate with their employer for contract terms and compensation.
Their rights in these negotiations are governed by federal or state labor laws. One situation that has changed is for employed residents at private hospitals. This was in response to a lawsuit filed by a house staff organization at Boston Medical Center. Their previous status as students prevented them from negotiating with their employers about working conditions and employment issues. These same rights have been available to residents employed by public hospitals for years.