Boatswain2PA Posted October 18, 2015 Share Posted October 18, 2015 I do almost strictly locums work. Mostly for a PA locums group, but also on my own for some other hospitals. I have a contract with the locums group which they developed, and I have a contract with a couple of other hospitals which they also developed.I'm in negotiations with another hospital and they surprised me by asking ME to come up with a contract. So, I pieced together what I liked from my other contracts, added a little of my own spice, and came up with this. Anybody have any suggestions or see any fatal flaws? INDEPENDENT CONTRACTOR AGREEMENT FOR PHYSICIAN ASSISTANT EMERGENCY MEDICINE SERVICES THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) is made and entered into on the __________ Day of _____, 20____, by and between Boatswain2PA, PA-C (“the Provider”) and __________________________________ (“the Company”) DUTIES OF THE PROVIDER 1. The Provider shall work and perform the duties as an emergency medicine Physician Assistant in accordance with the laws of the State of *****and of the United States, within the standard of care expected of a Physician Assistant as set forth by the American College of Emergency Physicians (ACEP) and the Society of Emergency Medicine Physician Assistants (SEMPA). 2. The Provider agrees to maintain an active Physician Assistant Certification (PA-C) through the National Commission on the Certification of Physician Assistants (NCCPA), and a Physician Assistant license to practice medicine through the ********* State Board of Medicine. 3. The Provider agrees to maintain professional liability insurance as required by ********** state law. 4. The Provider agrees to maintain currency Advanced Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS), and Pediatric Advanced Life Support (PALS). 5. The Provider agrees to document activities on a timely basis as necessary to record patient care for historical and continuing care purposes, for billing, risk management or other quality measures, and for purposes reasonably related to the professional practice of medicine. 6. The Provider agrees to maintain active immunizations against commonly vaccinated infectious pathogens, including annual influenza. DUTIES OF THE COMPANY 1. The Company agrees to provide an appropriate supervising physician, including providing for an on call physician competent in the practice of emergency medicine. The on call physician must be immediately available by telephone for consult by the Provider, and reasonably available to present themselves to the emergency department in person at the Provider’s request. 2. The Company agrees to document the supervising physician agreement by submitting and maintaining appropriate documentation with the ******* State Board of Medicine. 3. The Company agrees to ensure the Provider’s supervising physician has Professional Liability insurance coverage of at least $2 Million per Claim/$6 Million aggregate. 4. The Company agrees to provide a safe and effective work place for the Provider to practice emergency medicine. 5. The Company agrees to provide competent nursing and ancillary staff. COMPENSATION 1. Nothing herin shall be construed as creating an Employer/Employee relationship status. The Provider shall not be considered as an employee of the Company for Federal or State taxation purposes, or for any other purpose. The Provider agrees to assume all responsibilities for Federal and State withholding taxes, FICA, and any other applicable taxes and shall be responsible for making all required filings relating thereto. 2. The Provider shall be paid an hourly rate of $75.00 for weekdays and $85.00 for weekends. Federal holidays (plus Christmas Eve and New Year’s Eve) will be paid at 1.5 times this rate ($112.50/hour for weekdays and $127.50 for weekends). 3. Last minute or critical fill shifts may be scheduled as needed between the Company and the Provider at a different rate if agreed to by both parties and confirmed via email communication. SCHEDULING 1. Scheduling of shifts will be confirmed by email communication between a representative of the Company and the Provider. 2. Once a shift is agreed upon, the Provider agrees to make every possible effort to fulfill this obligation. If an unexpected emergency occurs, such as an extreme illness, injury, or death to the provider or provider’s immediate family, the Provider agrees to immediately inform the Company of the Provider’s inability to cover the shift. 3. Once a shift is agreed upon and confirmed by email communication, the Company agrees to pay the Provider for that shift even if the Company finds alternative emergency department coverage. This subparagraph can be voided if the Provider and the Company agree, in writing or email, on a schedule change. SEVERABILITY 1. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not to be affected by the illegal, invalid or unenforceable provision. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above. Provider the Company Link to comment Share on other sites More sharing options...
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