- 21 - physicians were deemed to be the patients of SMF's group practice program, and all income from the rendering of professional services to these patients was to accrue to SMF. The PSA contained a noncompete provision, under which SWMG and its physician shareholder/employees were prohibited from participating in the ownership, management, operation, or control of any business or person providing health care services within the service area covered by the agreement. However, specifically exempted from this prohibition was any SWMG physician who left the employment of SWMG. Pursuant to the PSA, SWMG would receive compensation for its provision of professional services equal to a percentage of net14 revenues from patients, as follows: 57.75 percent15 of fee-for- service revenue; 47 to 53 percent of capitation revenue, depending on average monthly levels; and a sliding scale from 90 14 For this purpose, "net" revenue consisted, in the case of fee-for-service revenues, of gross revenues less an estimated percentage to account for contractual discounts and bad debts and, in the case of capitation revenue, of gross revenue less amounts equal to the cost of third-party administration, cost of ancillary services, and other miscellaneous costs. "Net" revenues for this purpose were not offset by SMF's expenses of providing clinic locations, nonphysician personnel, or administrative services such as billing or maintaining patient records. 15 The parties amended the PSA, wherein the fee-for-service percentage was initially set at 54.5 percent, to reflect the percentage noted above on Dec. 1, 1994, retroactive to Nov. 1, 1994.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: March 27, 2008