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Medical Director Independent Contractor Agreement Template for United States

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Key Requirements PROMPT example:

Medical Director Independent Contractor Agreement

"I need a Medical Director Independent Contractor Agreement for our dialysis center in California, with specific provisions for 20 hours per week commitment and quality metrics tied to patient satisfaction scores, starting March 1, 2025."

Document background
The Medical Director Independent Contractor Agreement serves as a critical document in U.S. healthcare operations, establishing a compliant relationship between healthcare facilities and physician leaders. This agreement is essential when a facility requires professional medical oversight while maintaining the director's independent contractor status. The contract addresses key aspects including scope of services, compensation at fair market value, compliance with healthcare regulations, and quality standards. It's particularly important for ensuring compliance with federal and state healthcare laws while providing clear guidelines for both parties' obligations and responsibilities.
Suggested Sections

1. Parties: Identification of the healthcare facility/organization and the Medical Director

2. Background/Recitals: Context of the agreement and the need for medical director services

3. Definitions: Key terms used throughout the agreement including relevant healthcare terminology and regulatory references

4. Scope of Services: Detailed description of medical director duties and responsibilities

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

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

7. Independent Contractor Status: Explicit clarification of non-employee relationship

8. Compliance with Laws: Obligations to comply with healthcare regulations and laws

9. Confidentiality and HIPAA: Privacy and data protection obligations

Optional Sections

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

2. Intellectual Property: Ownership of work product, protocols, and materials developed during the engagement

3. Quality Metrics: Performance standards, evaluation criteria, and quality assurance requirements

4. Insurance Requirements: Specific insurance coverage requirements beyond standard malpractice insurance

Suggested Schedules

1. Schedule A - Scope of Services: Detailed list of medical director duties and responsibilities

2. Schedule B - Compensation: Detailed payment terms, calculation methods, and fair market value documentation

3. Schedule C - Time Commitment: Expected hours and schedule of services

4. Schedule D - Performance Metrics: Specific quality and performance indicators

5. Appendix 1 - Compliance Policies: Relevant facility policies and procedures

6. Appendix 2 - Required Qualifications: Licensing, certification, and credential requirements

Authors

Alex Denne

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

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Industries

Anti-Kickback Statute (AKS): Federal law prohibiting the exchange of anything of value to induce or reward referrals of federal healthcare program business

Stark Law: Federal physician self-referral law prohibiting physicians from referring Medicare/Medicaid patients to entities with which they have a financial relationship

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

HIPAA: Federal law establishing national standards for protection of patients' medical records and other personal health information

IRS Independent Contractor Guidelines: Federal guidelines determining worker classification as independent contractor vs employee based on behavioral, financial, and relationship controls

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

Corporate Practice of Medicine: State-specific laws restricting the practice of medicine by corporations and employment of physicians by non-physician entities

Medical Malpractice Laws: State-specific laws governing professional liability and standards for medical negligence claims

OIG Compliance Guidelines: Federal guidelines for healthcare organizations to establish effective compliance programs and prevent fraud/abuse

HIPAA Privacy Rule: Federal regulations establishing national standards for the protection of individuals' medical records and other personal health information

HIPAA Security Rule: Federal regulations setting national standards for securing electronic protected health information

Fair Market Value Requirements: Legal standards ensuring compensation arrangements reflect reasonable market rates and don't account for referral volume

Medicare/Medicaid Regulations: Federal regulations governing participation in and billing to federal healthcare programs

State Facility Regulations: State-specific requirements for healthcare facility operations, staffing, and compliance

Documentation Requirements: Legal and regulatory requirements for maintaining medical records, quality metrics, and reporting obligations

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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