In fact, most doctors hired cannot be properly classified as independent contractors. Hawaii 12. May a physician compete against his or her former practice? Get competent legal help for your group practice’s compensation plan. Indiana 15. Be sure to clarify the physician’s administrative duties. The contract pays compensation at FMV Iowa 16. Being labeled an independent contractor, being required to sign an agreement stating that one is an independent contractor, or being paid as an independent contractor (that is, without payroll … 6. The contract is for identifiable services Montana 27. Client will not require Contractor to rent or purchase any equipment, product, or service as a condition of entering into this Agreement. These should be reviewed carefully before signing. 2. Attorney for Accountancy Corporations and Group Accounting Practices. 3. * Termination or suspension of hospital privileges An independent contractor usually agrees to complete a specific job and is responsible for its satisfactory completion, or is legally obligated to make good for failure to complete it. You probably don’t need a lawyer to explain physician compensation, so I’ll keep it short. Nebraska 28. *** Compensation per unit of service personally performed by the physician (e.g. *** A bonus based on the physician’s personal productivity or the achievement of specified quality indicators The contract doesn’t take into account the volume or value of referrals, and is commercially reasonable even if no referrals are ever made. We’ve suffered enough. This article explains how you pay compensation to a physician employee or contractor in compliance with the referral laws for California and the fed (Stark and Anti-Kickback). But first, let’s ask the threshold question…. 3. The contract specifies and encompasses all of the services that the physician will provide, and the aggregate services are reasonable and necessary for legitimate business purposes 4. Providing business legal services in Northern and Southern California, including San Francisco, Classifying a physician as employee or contractor, Stark and Anti-Kickback laws re physician employment and contractor agreements, Termination clauses in physician employment and contractor agreements, Bringing a new partner into a medical practice, Buy-in and buy-out of physicians to a medical group, Shareholder buy-sell agreements for medical corporations. The practice’s payment of a physician’s “personal” expenses is an everlasting and wondrous source of conflict. New Jersey 31. Providing business legal services in Northern and Southern California, including San Francisco, Physician employment and independent contractor agreements, Stark and Anti-Kickback laws regarding the compensation structure of a group medical practice. * The extent of the physician’s participation in control decisions for the practice, e.g. Making legal matters easy and economical for your business. In determining the status of an independent worker or contractor… Please get competent legal counsel before you hire a physician. TTG LOCUM TENENS INDEPENDENT CONTRACTOR AGREEMENT Independent Contractor shall provide medical services in a competent and lawful manner and at all times as requested by Client Companies (Medical Facilities). North Carolina 34. New Hampshire 30. Ohio 36. Just as for employee-physicians, you may pay to a contractor a percentage of collections or productivity bonus, but only for services performed personally by the physician, not for services provided by someone else. medical records received by Contractor in connection with a client event. Should you incorporate your medical practice? In this article, I briefly outline the legal requirements for paying compensation to a physician-employee and to a physician-independent contractor. Term sheets for the buying or selling of a medical practice, Preparing to sell your solo medical practice, Avoid successor liability when buying a medical practice, including provider numbers and taxes, When large medical groups buy up small physician practices - legal and economic structure, Professional service agreements for hospital based physicians, Multi-discipline, integrated health care practices, How a non-licensed person works with a medical practice; administrative / management service companies, How to structure a management company’s relationship with a medical practice, Regulatory compliance for medical practices, Stark and Anti-Kickback laws regarding the compensation structure of a group medical practice, Leaving a medical practice / closing a medical practice, Action items for the estate when a solo physician dies, Franchising for medical, dental, veterinary businesses, Attorney for Medical Corporations and Group Medical Practices, Attorney for Dental Corporations and Group Dental Practices, Attorney for Veterinary Corporations and Group Veterinary Practices. 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