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Textbook of Urgent Care Management: Chapter 21, Employment Contracts and Compensation
By Adam Winger
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About this ebook
The Textbook of Urgent Care Management is now offering individual chapters for sale. The full book, provides an expert business consulting guide to potential or existing urgent care clinic owners, managers & operators as well as investors. Learn how to more effectively run your immediate care or walk-in center as well as start incorporating urgent care services into your existing primary care practice. The chapters cover valuable information from industry experts on how to start, manage, and even sell your urgent care center.
Chapter 21 includes:
Employee Versus Independent Contractor
- Legal Liability
- Tax Consequences
Employment Agreements
- Provisions of an Employment Agreement
Health-care Regulatory Limitations
- Physician Self-Referral: Shark Law
- Anti-Kickback Statute
- Corporate Practice of Medicine Doctrine
- Noncompetes and Other Negative Covenants
Chapter 21 includes:
Employee Versus Independent Contractor
- Legal Liability
- Tax Consequences
Employment Agreements
- Provisions of an Employment Agreement
Health-care Regulatory Limitations
- Physician Self-Referral: Shark Law
- Anti-Kickback Statute
- Corporate Practice of Medicine Doctrine
- Noncompetes and Other Negative Covenants
LanguageEnglish
PublisherBookBaby
Release dateMar 15, 2014
ISBN9781940288536
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Textbook of Urgent Care Management - Adam Winger
CHAPTER 21
Employment Contracts and Compensation
Adam Winger
from
CHAPTER 21
Employment Contracts and Compensation
Adam Winger
RECRUITING AND RETAINING TOP clinical talent is a crucial step in establishing a competitive presence in the urgent care marketplace. To do so, an urgent care employer must offer an appropriate package of benefits and incentives while balancing the company’s overall performance objectives. This chapter addresses issues associated with the employment relationship between an urgent care company and its medical providers.
EMPLOYEE VERSUS INDEPENDENT CONTRACTOR
A threshold question in any discussion involving employment agreements is whether the individual rendering the services is actually an employee of the urgent care company. This determination is meaningful for both legal liability and tax purposes.
Legal Liability
Inappropriately classifying an independent contractor as an employee may result in the urgent care employer unnecessarily assuming all liability for the provider’s actions. In general, employers are liable for the negligent acts of their employees but not for those of an independent contractor. Although it is common for independent contractors to be added as insured parties to an urgent care company’s malpractice policies, there is no requirement that the company do so. Whether a provider is an employee or independent contractor for legal liability purposes is a matter of state law. Most states, however, analyze the issue by considering factors similar to those used by the Internal Revenue Service (IRS), which are discussed in the following section.
Tax Consequences
If a provider is classified as an employee for tax purposes, the urgent care employer must withhold income and payroll taxes (Social Security tax and Medicare tax from the provider’s compensation), and pay Federal Unemployment Tax on it. The taxes must be remitted to the IRS, and substantial penalties exist for the employer’s failure to
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