Although no definite rule exists for determining whether one is an independent contractor or an employee, certain indicia of the status of an independent contractor are recognized, and the insertion of provisions embodying these indicia in the contract will help to insure that the relationship reflects the intention of the parties. These indicia generally relate to the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves the method of payment of the contractor.
Title: Tennessee Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation Keywords: Tennessee agreement, physician, self-employed, independent contractor, professional corporation, contract types, terms, obligations, compensation, liability Description: The Tennessee Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation establishes the legal framework between physicians operating as independent contractors and professional corporations in the state of Tennessee. This detailed description provides essential information on key aspects, including different types of agreements and their implications. Types of Tennessee Agreements: 1. General Independent Contractor Agreement: A standard agreement that outlines the relationship and obligations between the physician and the professional corporation. It covers general terms, duties, compensation, and liability. 2. Exclusive Practice Agreement: This type of agreement ensures that the physician solely practices medicine within the professional corporation he/she is contracted with. It may include specific terms related to non-compete clauses, limiting the physician's ability to work with competing entities. 3. Part-Time Agreement: Designed for physicians who wish to maintain their self-employed status but work for the professional corporation on a part-time basis. This agreement defines the terms and conditions associated with the physician's part-time involvement, such as patient load, compensation, and scheduling. Key Elements and Obligations: 1. Terms and Termination: The agreement specifies the duration for which the contract remains in effect. It also outlines circumstances that may lead to termination, such as breach of contract, death, or resignation. 2. Compensation and Benefits: Details regarding the physician's payment structure, including base salary, bonuses, incentives, and benefits such as healthcare coverage, retirement plans, and vacation time, are defined within the agreement. 3. Duties and Responsibilities: The physician's scope of practice is outlined, including patient care responsibilities, on-call hours, administrative duties, and adherence to ethical standards and legal obligations. 4. Liability and Insurance: Provisions are put in place to address liability concerns for both the physician and the professional corporation. It includes malpractice insurance coverage, indemnification, and dispute resolution mechanisms. 5. Non-Compete and Confidentiality: If applicable, provisions regarding non-compete agreements and confidentiality requirements may be included to protect the interests of the professional corporation. It's crucial for physicians and professional corporations to consult legal professionals with expertise in healthcare and business law to ensure that the Tennessee Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation aligns with state regulations and best practices. This comprehensive agreement provides a solid foundation, ensuring a mutually beneficial and legally compliant relationship between the physician and the professional corporation.
