Legal Question in Business Law in California

locum tenens

I wish to work as a locum tenens and independant contractor on a semiretired basis for a group I have been an employee of for last 5 years. I wish to work under their individual malpractice policys which allow vacation coverage for another MD (me) to cover their practice for up to sixty days per year per physcian in the group (10). They are concerned about the independant contractor 20 questions and their risk of audit. I would work when I want, but they would tell me where and what hours.I would be paid by the week or day. How can I make my independant contractor staus safer for them from an audit? Would setting up my own business with name etc make any difference? Would signing up ( but not using) a locum tenens service help? Would working at other hospitals help? Thank you


Asked on 3/05/06, 12:59 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: locum tenens

There is a tendency among at least some of the agencies that have to decide contractor-employee issues to apply a set of tests and standards on an occupation-by-occupation basis. For example, the California workers' comp. people have a set of standards for computer programmers, and I'm sure other sets of rules for their examiners to apply to other professions. For this reason, I suggest that it might be useful to look for your answers within your profession, e.g. MD bulletin boards, journals directed toward the business side of medical practice, etc., or look at the workers' comp Web site.

Otherwise, when thinking about how your situation would measure up on each of the 20 questions, emphasize substance over form. Thus, working in other hospitals would probably be more demonstrative of independence than would be signing up for, but never using, a service.

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Answered on 3/05/06, 1:40 pm


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