Physician Independent Contractor Agreement Generator for United States

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Key Requirements PROMPT example:

Physician Independent Contractor Agreement

"I need a Physician Independent Contractor Agreement for a cardiologist joining our multi-specialty practice in Florida, with specific provisions for telemedicine services and a non-compete clause covering three neighboring counties, starting March 1, 2025."

Document background
The Physician Independent Contractor Agreement is essential for healthcare organizations in the United States seeking to engage physicians while maintaining their independent contractor status. This document is crucial for ensuring compliance with federal and state healthcare regulations, including Medicare/Medicaid requirements, Anti-Kickback provisions, and state-specific medical practice laws. It typically includes detailed provisions for service scope, compensation, professional liability, regulatory compliance, and quality standards, while clearly distinguishing the relationship from employment.
Suggested Sections

1. Parties: Identification of the healthcare facility/practice and the physician contractor

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of medical services to be provided

5. Term and Termination: Duration of agreement and conditions for termination

6. Compensation: Payment terms, rates, and billing procedures

7. Independent Contractor Status: Explicit statement of relationship and related obligations

8. Compliance with Laws: Obligations regarding healthcare regulations and laws

9. Insurance Requirements: Professional liability and other required insurance coverage

Optional Sections

1. Non-Compete: Restrictions on competing activities within specified geographic area and time period

2. Call Coverage: On-call responsibilities and schedule requirements for emergency or after-hours coverage

3. Quality Metrics: Performance standards and measurements for pay-for-performance elements

4. Equipment and Facilities: Provisions for use of facility resources, equipment, and space

Suggested Schedules

1. Schedule A - Compensation: Detailed breakdown of payment structure and rates

2. Schedule B - Services: Detailed list of required medical services

3. Schedule C - Coverage Schedule: Specific work hours and on-call requirements

4. Appendix A - Quality Metrics: Specific performance measures and targets

5. Appendix B - Facility Policies: Relevant facility policies and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Internal Revenue Code: Federal tax regulations governing proper classification and treatment of independent contractors versus employees

Anti-Kickback Statute: Federal law (42 U.S.C. ยง 1320a-7b(b)) prohibiting the exchange of anything of value to reward or induce referral of federal healthcare program business

Stark Law: Physician Self-Referral Law prohibiting physicians from referring Medicare/Medicaid patients to entities with which they have a financial relationship

HIPAA: Health Insurance Portability and Accountability Act governing patient privacy, security of health information, and data protection requirements

Medicare/Medicaid Regulations: Federal healthcare program requirements affecting billing, documentation, and service delivery standards

ADA Compliance: Americans with Disabilities Act requirements ensuring accessible healthcare services and non-discrimination

False Claims Act: Federal law imposing liability on persons/companies who defraud governmental programs, including healthcare programs

State Medical Practice Acts: State-specific laws governing the practice of medicine, licensing requirements, and scope of practice

State Labor Laws: State-specific regulations governing independent contractor relationships and worker classification

State Privacy Laws: State-specific requirements for protecting patient privacy and medical information, often more stringent than HIPAA

Professional Liability Requirements: Insurance requirements and professional standards for medical malpractice coverage

CMS Regulations: Centers for Medicare & Medicaid Services rules governing healthcare service delivery and reimbursement

Medical Board Requirements: State medical board regulations governing physician conduct, licensing, and continuing education

DEA Requirements: Drug Enforcement Administration regulations regarding prescription and handling of controlled substances

Documentation Standards: Requirements for medical record keeping, billing documentation, and quality assurance reporting

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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