PSU5006 Posted June 4, 2018 Share Posted June 4, 2018 Just curious to see if there are any PA's out there that took the route as being contracted (1099) vs the traditional employee route. I am a surgical ortho PA I know there is a benefit as far as collecting assist fee's as such but just wanted to see how other PA's like/dislike being contracted. Also if any PA's have started some type of business plan I'd love to hear it! Thanks Link to comment Share on other sites More sharing options...
Walkoffshot Posted June 4, 2018 Share Posted June 4, 2018 I would also like to hear more about this... Link to comment Share on other sites More sharing options...
Moderator ventana Posted June 4, 2018 Moderator Share Posted June 4, 2018 remember PA's can not direct bill also, almost all of these 1099 agreements do not hold up the IRS audits.... Link to comment Share on other sites More sharing options...
camoman1234 Posted June 4, 2018 Share Posted June 4, 2018 Link to comment Share on other sites More sharing options...
sas5814 Posted June 4, 2018 Share Posted June 4, 2018 I have done both. There are pluses and minuses but as Ventana said you have to have a certain structure to meet the IRS 20 rules for being a contract employee and mostly we don't. I was 1099 when I was a 1 man locums company and all my arrangements were temporary and contractural. You can't work for someone full time, have even a semi regular schedule, and meet the IRS rules. Long story short I had a staffing agency and , through a well thought out system, made all my nurses 1099 employees. One day the state and the IRS showed up unannounced and, without so much as asking a question or looking at a form, advised all those nurses were actually my employees....for the last 3 years. 300k later I was wiser for the experience. Mostly it is a hassle for the employer and not the employee but imaging you work 1099 for 2 years and the IRS decides you were actually employed. Most of the deductions you were allowed as a contractor are now null and void and you have to re-calculate your taxes and re-file. Link to comment Share on other sites More sharing options...
Walkoffshot Posted June 4, 2018 Share Posted June 4, 2018 Does this still apply for surgical assist fees? Is there a difference between the clinical vs the surgical side of contract work and billing? I know of several groups that have created a contract first assist business... but mostly made up of RNFAs. Link to comment Share on other sites More sharing options...
sas5814 Posted June 4, 2018 Share Posted June 4, 2018 Here is the general rules. How they may apply in a given situation is subject to who is doing the application. In my nurse agency I met 16 of the 20 rules but they were there to get money not discover the truth. I was invited to seek legal redress....you know get a lawyer and fight the state and the IRS. My personal experience suggests err on the side of caution. IRS-20-Rule-Test-for-Establishing-Employment-Relationship.pdf Link to comment Share on other sites More sharing options...
SedRate Posted June 5, 2018 Share Posted June 5, 2018 Good thread; very informative. Link to comment Share on other sites More sharing options...
Moderator ventana Posted June 8, 2018 Moderator Share Posted June 8, 2018 On 6/4/2018 at 3:47 PM, Walkoffshot said: Does this still apply for surgical assist fees? Is there a difference between the clinical vs the surgical side of contract work and billing? I know of several groups that have created a contract first assist business... but mostly made up of RNFAs. I would think ABSOLUTELEY to be 1099 you have to control your schedule and not use the employers tools and items... think a computer guy sitting at home, on his computer, doing work on his own schedule... now, as a PA you are in THEIR OR, on THEIR schedule, using THEIR tools, Supporting THEIR surgeon.... ah nope.... Link to comment Share on other sites More sharing options...
Walkoffshot Posted June 8, 2018 Share Posted June 8, 2018 I see your point, however, we could control our own schedule as we control who we work with and control when we work. Yes, the surgeon has their own schedule but I personally could control if I work with them on specific days/time. I can't argue the "supplying the tools" part. I assume this would include things such as closure material (suture, needle driver etc.) and retractors among others. That's the challenge. I'm curious, does anyone know if creating an LLC would allow us to avoid these restrictions? There has to be a way... again, I know of several first assist businesses (owned by RNFA's) that function... unless they haven't been audited yet.. Link to comment Share on other sites More sharing options...
CAAdmission Posted June 8, 2018 Share Posted June 8, 2018 I always thought the risks would outweigh the benefits. If you give Uncle Sam an opening to cornhole you, he is sure to take it. Link to comment Share on other sites More sharing options...
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