Employment Contract
Create a legally compliant employment contract for occupational therapists in Texas. Includes HIPAA, Medicare documentation standards, and Texas Lab Code.
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In Texas, while employment is generally at-will under the Texas Labor Code, occupational therapy involves unique clinical liabilities and strict documentation requirements. A comprehensive contract... Read more
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Legal Document
This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."
WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;
WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.
In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.
Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.
Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.
Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").
This Agreement and Employee's employment may be terminated under the following circumstances:
Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.
During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.
Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.
The Employee shall maintain accurate, timely, and complete medical records for all patients in accordance with the Texas Occupational Therapy Practice Act and Medicare Conditions of Participation (CoPs). This includes, but is not limited to, functional assessments, individual treatment plans, and daily SOAP notes. The Employee acknowledges that any failure to document treatment according to Centers for Medicare & Medicaid Services (CMS) standards, which results in claim denials or allegations of billing fraud, shall constitute cause for disciplinary action or termination.
The Employee agrees to strictly adhere to the Health Insurance Portability and Accountability Act (HIPAA) and the Texas Medical Records Privacy Act (Tex. Health & Safety Code Ch. 181). The Employee shall not disclose protected health information (PHI) to any unauthorized third party and shall comply with the Employer's Business Associate Agreements. Any breach of patient confidentiality or improper disposal of business records containing personal information, as regulated by Tex. Bus. & Com. Code, shall be grounds for immediate termination.
Consistent with Tex. Bus. & Com. Code § 15.50, the Employee agrees that for a period of twelve (12) months following terminal service, Employee shall not provide occupational therapy services to any existing patient of the Employer with whom the Employee had clinical contact. Given the unique nature of functional assessments and long-term ADL treatment plans, the Employee acknowledges that the Employer's referral sources and patient lists are protectable business interests. This clause is specifically limited to a fifteen (15) mile radius of the primary work location to ensure reasonableness under Texas law.
[patient discharge responsibility]
IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.
Employer
Name: Employer
Date: ___________________
Employee
Name: Employee
Date: ___________________
In Texas, while employment is generally at-will under the Texas Labor Code, occupational therapy involves unique clinical liabilities and strict documentation requirements. A comprehensive contract protects your OT practice or clinical career by defining functional assessment standards, HIPAA data handling expectations, and clear professional boundaries. By specifically addressing Texas Business and Commerce Code requirements for non-compete enforceability and Medicare reimbursement compliance, this document mitigates the risk of billing fraud allegations and patient care disputes common in ADL (Activities of Daily Living) and adaptive equipment interventions.
Beyond the standard employment contract sections, this template adds fields specific to Occupational Therapist:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Patient injury during therapy
Use contractual language that includes informed consent documents where patients acknowledge understanding the risks of treatment.
Disputes over treatment outcomes
Utilize clear treatment plans and goals documented and agreed upon by the patient, which can serve as a reference in disputes.
Billing errors and fraud allegations
Implement clear billing policies and regularly audit billing practices to ensure compliance with insurance and Medicare regulations.
For this employment contract to be legally valid:
Common mistakes to avoid:
Health Insurance Portability and Accountability Act (HIPAA)
Governs the privacy and security of patient information. Occupational therapists must ensure that they comply with HIPAA requirements related to the handling of patient records and privacy.
Enforced by Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Occupational Therapy Practice Act
State-level legislation governing the practice of occupational therapy. The specifics vary by state but generally define the scope of practice, licensure requirements, and professional conduct.
Enforced by State Occupational Therapy Boards
Medicare Conditions of Participation (CoPs)
Governs the conditions under which occupational therapy services can receive Medicare reimbursement. This includes requirements for documentation and standards of care.
Enforced by Centers for Medicare & Medicaid Services (CMS)
Recommended coverage: Professional Liability Insurance (E&O) · General Liability Insurance · Workers' Compensation Insurance · Health Insurance Billing Dispute Coverage
Under Tex. Bus. & Com. Code § 15.50, a non-compete must be ancillary to an otherwise enforceable agreement and include reasonable limitations on geographical area, time, and scope of activity. For Occupational Therapists, these are often scrutinized to ensure they do not unfairly restrict the therapist's ability to provide essential health services in a community.
The contract should mandate compliance with Medicare Conditions of Participation (CoPs) and the Texas Occupational Therapy Practice Act. This includes maintaining detailed functional assessments and treatment plans to justify clinical necessity and prevent allegations of billing fraud or underpayment.
Yes. While Texas is an at-will state meaning employment can be terminated by either party for any lawful reason, this contract defines the notice periods and procedural requirements to ensure smooth patient discharge and transition of care without violating professional conduct standards.
State laws affect what must be in this document. Pick your jurisdiction.
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