Emergency Medicine Contracts
Staffing Company vs. Democratic Group
In emergency medicine the contract is not paperwork around the job. The contract is the financial structure of the job itself, at every stage: the resident reading a first offer, the new attending working inside one, and the established physician renegotiating a rate or living through a contract change.
One hospital and one schedule can sit under three different money arrangements: a democratic group holding its own contract, a national staffing company holding the contract and paying you a rate, or the hospital employing you directly. Average pay is $421,000 (Medscape Physician Compensation Report 2026). This page reads the three structures, the two pay formulas, and the two clauses that decide what leaving costs.
The short version
- Ask who holds the hospital contract before you ask what the rate is. The holder keeps the spread between what the hospital pays for coverage and what reaches the physicians.
- A democratic group pays a rate plus a share of the surplus, with a vote. A staffing company pays a rate, full stop, and keeps the surplus.
- Hourly and RVU pay reward different shifts. Hourly pays for presence, RVU pay rewards throughput, and the same physician earns differently under each.
- Tail coverage and restrictive covenants decide the exit price, on resignation, on termination, and on the day the group loses the contract.
- The benefits layer is part of the rate. Coverage through a staffing company is thin by design, and a contractor replaces all of it out of the same hourly number.
On this page
How the department got three paymasters
An emergency department needs physicians around the clock, and the hospital has to buy that coverage from someone, and who that someone is decides your pay. In the democratic model the physicians themselves are that someone: a group owned by its physician partners holds the contract, bills for the professional work, pays its costs, and divides what remains among the partners.
In the staffing company model a national firm holds the contract instead, hires or contracts the physicians at a rate, and keeps the difference between the value of the contract and the cost of labor as its margin. All three staff the same department and write three very different financial lives. The specialty level read of that fork is worked in the bank question on how emergency medicine pay differs by employment model, and the emergency medicine hub carries the whole specialty map.
The self reported market shows the ordering. Marit Health averages $497,500 for self employed emergency physicians and $461,000 inside medical groups, against $428,500 for hospital or health system employment, because the surplus in a democratic group flows to the physicians and the surplus in a staffing model flows to the company.
The partner number carries the risks of the group and no employer paid benefits underneath it. The employed number carries the benefits, the stability, and a ceiling the salary band sets. The contract read prices which bundle fits your life, and the ownership page prices the partnership side in full.
The numbers behind the negotiation
The average emergency physician earns $421,000, and the middle half runs from $360,000 to $500,000, so read an offer against a wide market.
| Metric | Figure | Source |
|---|---|---|
| Average compensation | $421,000 | Medscape Physician Compensation Report 2026 |
| Median total compensation | $420,100 | Marit Health, 1,905 self reported salaries, October 2026 |
| Self employed average | $497,500 | Marit Health, October 2026 |
| Medical group average | $461,000 | Marit Health, October 2026 |
| Hospital or health system average | $428,500 | Marit Health, October 2026 |
| Rural average | $478,500 | Marit Health, October 2026 |
| Early career average, 0 to 2 years | $402,500 | Marit Health, October 2026 |
| Experienced average, 11 or more years | $444,000 | Marit Health, October 2026 |
The experience gap is $444,000 minus $402,500, which is $41,500 a year. The setting gap is wider: rural practice averages $478,500 against $417,000 in the largest metro areas, a difference of $61,500. The numbers set the range. The clauses below decide where inside it an offer lands.
Hourly against RVU: the two pay formulas
Whichever structure holds the contract, pay inside it is counted one of two ways, and each formula rewards a different shift. Hourly pay prices your presence. The rate is the rate whether the department is empty or boarding twenty patients, which makes hourly the stable formula and the one that pays fairly for the slow, hard shifts: the rural night, the low volume site, the shift where your job is readiness. RVU pay prices your throughput.
The group collects for the work generated and pays you per unit of it, at a rate the self reported market centers near a median of $31 per wRVU, with the middle half running from $27 to $45 per wRVU and a typical annual volume around 11,662 wRVUs (Marit Health). The arithmetic shows the fork: 11,662 wRVUs at $31 is about $361,522 of production pay, because 11,662 times $31 is $361,522, before any hourly floor or bonus layer.
A busier physician at 15,000 wRVUs at the same rate reaches $465,000, because 15,000 times $31 is $465,000. The formula did not change. The volume did. The bank works the comparison in the hourly rate against RVU offer question, and the shifts per month question prices the schedule under either formula.
Most real contracts blend the two: an hourly base with an RVU component, or an RVU rate with a floor. Compare offers by building the same year under each formula, with your expected shifts and the actual patients per hour, because an RVU offer in a department staffed thin is an offer to run faster for the same money.
Night work is its own line in the blend: a night differential belongs in the contract as a stated amount per night shift, not as a schedule promise. The bank's night shift differential question works what to do with that premium, because the differential spent as ordinary salary becomes a schedule the household can no longer afford to leave.
Tail coverage and restrictive covenants: the exit clauses
Two clauses decide what it costs to leave, and both deserve their own slow read before signing. Tail coverage comes first. An occurrence policy covers any incident from a year it was in force, forever, so leaving costs nothing extra. A claims made policy covers only claims filed while the policy runs, so the day you leave, the coverage for every patient you ever treated under it stops, unless someone buys the tail, an extended reporting endorsement that keeps those years covered.
Tails are priced as a multiple of the annual premium and routinely run to tens of thousands of dollars. Hospital employment often absorbs the tail. Staffing contracts frequently put it on the physician, sometimes only if you leave before a term, and sometimes if the company loses the hospital contract through no fault of yours, which means the failure of the company can present you with a five figure bill.
The questions that matter are exact: occurrence or claims made. If claims made, who pays the tail on resignation, on termination without cause, and on loss of the hospital contract, and whether a replacement policy with prior acts coverage is an accepted substitute. The full clause read is worked in the tail coverage and restrictive covenants question.
Restrictive covenants come second. A noncompete in emergency medicine does not protect a patient panel, because emergency physicians do not carry one. Patients come to the building, not to you. What the covenant does is control the local labor market: it can bar you from the other departments in town, including under a successor group if the hospital changes contractors, which turns a contract loss into a forced relocation.
Read the radius, the duration, the facilities named, and whether the covenant survives the company losing the contract. Democratic groups carry a version of this too, usually tied to partnership. When the contract changes hands, the bank's contract loss question walks the sequence.
Contract red flags
Four items to fix before you sign. One: the tail is assigned to you on every exit path, and the rate is rarely higher to match. Two: a covenant that outlives the contract. If the company loses the hospital and the covenant still bars you from the successor group, the clause was never about protecting patients. Three: RVU pay with no volume data. Ask for actual production per physician, in writing. Four: partnership promised and never specified. If the offer letter says partnership consideration while the contract says nothing, the contract is the truth.
Benefits and the hidden rate
The last read converts every offer to the same currency, because a rate with nothing attached is a smaller offer than the same rate with benefits funded. A staffing or locums rate arrives with nothing attached: no employer payroll tax share, which the self employment tax prices at 15.3 percent on the Medicare and Social Security pieces up to their limits (IRS), no retirement match, no health premium, and no paid leave.
An employed salary arrives with that whole layer funded invisibly on top. A democratic partnership sits between: the distributions look like the top of the market, and the group costs and the retirement funding come out of them. That is why the fork between a W2 job and a 1099 contract gets its own page, the W2 or 1099 page, where the premium a contractor offer must carry to be the same pay is priced line by line.
The honest comparison rebuilds each offer as total compensation for identical shifts, then reads the fine print for the exit price, then decides. A sign on bonus belongs in that rebuild at its after tax, after clawback value, not at its headline value, and the bank works the signing bonus against the higher hourly rate as a standalone comparison. Residents meet this read first, through the resident and fellow guide, and new attendings run it at signing through the new attending guide.
Comparing offers and renewals, line by line
Put every offer, first job or renewal, through the same lines in the same order, and let the totals argue. Structure: who holds the hospital contract, and how much time is left on it. Formula: hourly, RVU, or the blend, with the rate and the volume the department actually produces.
Schedule: shifts per month, nights required, and the differential in dollars. Benefits: health premium, retirement match or its absence, disability, and paid time away. Exit: occurrence or claims made, who pays the tail, and the radius and duration of the covenant. A blank line is a cost you cannot see yet.
Established physicians run the same read in reverse. The renewal is not a courtesy extension. It is a new negotiation with the market numbers on the table and the contract end date known in advance. The bank works that conversation in the renewal renegotiation question, and the established guide carries the later career version. Physicians weighing the partnership track start with the partnership track question.
Common pitfalls
Signing the rate, skipping the structure.
The higher first year number wins the negotiation and loses the decade, because distributions, benefits, and exit terms compound and the rate does not.
Discovering the employer at tax time.
The physician who learns the paycheck comes from a for profit staffing company after a year has lost a year of loan forgiveness.
Treating the differential as salary.
Night premiums get spent like base pay, and the schedule becomes a trap.
No independent read.
The attorney for the group drafted the contract for the protection of the group. A physician side review is a normal cost in this specialty, and skipping it is how tail clauses become surprises.
Sources
Marit Health, emergency medicine physician salaries (median total compensation of $420,100, self employed average of $497,500, medical groups $461,000, hospital employed average of $428,500, median rate of $31 per wRVU, average annual volume of 11,662 wRVUs, accessed October 2026)
Internal Revenue Service, self employment tax (15.3 percent combined Social Security and Medicare rate, accessed October 2026)
Medscape Physician Compensation Report 2026 (emergency medicine average compensation of $421,000, 57 percent feel fairly compensated, accessed October 2026)