Contracting With Non-Employed Physicians, Groups, and Other Providers: Key Terms and Practices to Avoid Problems and Minimize Liability

The panel will review relevant statutes governing contractor arrangements, key terms to include in contractor arrangements, and practical suggestions for avoiding apparent agency or other claims for contractor misconduct. Independent contractor arrangements must be structured appropriately and contain certain terms to comply with federal laws. As importantly, the parties must implement such contracts appropriately to avoid IRS scrutiny and minimize liability for the contractor’s acts or omissions.

Listen as our authoritative panel examines how to minimize risk related to tort actions involving actions by non-employed or independent contractor physicians or physician groups. The panel will discuss ways that hospitals can protect against ostensible agency and what they should require from practitioners to minimize risk, including conducting a thorough review of contracts to determine what service lines at their facilities might be impacted.

1. Independent contractors v. employees: IRS and common law guidance
2. Relevant statutes affecting contractor arrangements
   1. Stark and Anti-Kickback Statutes
   2. Medicare Statutes
   3. HIPAA
   4. Physician supervision rules
   5. Others
3. Key terms to include in contractor arrangements
   1. Identifying the relationships
   2. Independent judgment v. control
   3. Compensation structures
   4. Insurance and other support
   5. Term, termination, and post-termination obligations
4. Avoiding liability for contractor misconduct
   1. General rule: no vicarious liability
   2. Apparent or ostensible agency
   3. Acting in concert
   4. Other
5. Practical suggestions for minimizing liability risks

The panel will review these and other key issues:

• What key considerations should healthcare counsel keep in mind when structuring contracts between hospitals and non-employed doctors or physician groups?
• What are the key legal concerns for hospitals when contracting with non-employed physicians and practitioners?
• What steps can hospitals and healthcare providers take to minimize the risk of ostensible agency?