Here is your assignment for week 2. It is due July 23, 2012. Make sure you have your group number on each post!
Thanks,
Dr. Frost
Blog assignment - Go to the NCMIC website. Log on with the username “college” and the password “NCMIC”. Click on the “case studies/articles” selection on the left side of the screen. Next, look under the “summer 2011”articles. Select and read: Independent Contractors… Minimizing Your Risks
For the blog, discuss how the perceptions of the patient and public are important in minimizing risk if you are an independent contractor. Your discussion should contain at least 3 key points. The 2nd person in each group will post a summary of the discussion on the blog. This assignment is worth 2 points.
For the blog, discuss how the perceptions of the patient and public are important in minimizing risk if you are an independent contractor. Your discussion should contain at least 3 key points. The 2nd person in each group will post a summary of the discussion on the blog. This assignment is worth 2 points.
This article brings up very inportant business protection facts for thoes that want to hire a independent contractor for there business. If we do agree to a independent contractor we need to establish that the other doctor is seperate from our own business. I like the suggestion of stating it on the wall somewhere or putting in the new patient aggrement forms. The patients signture protects you from any legal issues that may develop with the independet contractor. I also liked the idea of making sure that both doctors have equal insurance coverage. This strenghens the independance status significantly. Most importantly the trust of your patients weighs heavly on staightforward communication.
ReplyDeleteGroup 5 feels the minimization of risk is best obtained by carefully and deftly considering the risk associated with the risky scenario of including independent contractors into your business. All businesses involve risk but the good people of Group 5 agree there are at least three key points to keeping your risk as low as humanly possible. The first sentiment portrayed by Group 5 is that the owner of the practice should make it clear to all, explicitly and in no uncertain terms, that an independent contractor is just that...independent. Post it on a sign for all to see. Write it into new patient documentation. Imprint it on your website. Etc. The second item pontificated by the esteemed members of Group 5 is how the owner treats the independent contractor. As Def Leppard sings, "Action! Not words." Make sure you treat an IC as an IC and not an employee. Despite literally millions of more topics of risk minimization, Group 5 has decided to exhaust their list with this last nugget: get the IRS to promulgate your relationship with an IC as exactly that. As a United States tax entity you have the right to have the IRS make an official determination on employee/IC relationships. Take advantage of that. "Use It Or Lose It." Motley Crue sang that. Group 5 out.
ReplyDeleteGroup 6
ReplyDeleteThe article brings to view the simple and yet very important protocols that need to be done by your office if you are looking to hire an independent contractor. The first point made is that it is very important to establish that the independent contractor is a separate entity in your office and not an employee. Even if it is documented to the IRS a patient may still sue the hiring doctor for the independent contractors actions if there is not a clear distinction of employment. A few ways of doing this would be to have a sign in the waiting room stating the separation, a form stating the patient understands the separation, and to make a clear distinction of the separation in advertising. The second important factor when hiring an independent contractor is to obtain a copy of their malpractice insurance to make sure that they have it and that it is up to date and active. A few simple actions will prevent many problems that could arise to the chiropractor that decides to hire independent contractors.
Group 3.2
ReplyDeleteIt is important to make it clear that an independent contractor is separate from the business to which they are working in. If it is not understood that the independent contractor is not an employee of the business then the business can be held accountable for the independent contractor’s actions. As other groups have said and as the article states, having a sign in the business stating who is an independent contractor is a good way to clarify to others that this is not an employer/employee relationship. It is also a good idea to let patients know on an intake form who the independent contractor is and that they are separate from the business. It's easy for a patient to come into the office and assume that all of the doctors in the office work for that business unless it is made clear who does and doesn't. Another important step when it comes to independent contractors is to make sure that they have some sort of malpractice insurance. The article states that it may even be necessary to have entity coverage to make sure that the practice is covered for any actions that the independent contractor makes. Make sure that it is known to all who the independent contractor is so there are no legal consequences if something were to go wrong.
Group 18
ReplyDeleteNot to beat a dead horse but first, and most importantly, it must be made clear that the independent contractor is in no way affiliated with your practice. The article brings up a few good points in how to go about that. Secondly, notify the IRS of your arrangement with the IC. Get a status determination from the IRS so that it will be on file. This is really just common sense. If both the patient and IRS are aware that the IC has no affliation with your practice, then the likelihood of receiving a lawsuit because of the IC's wrongdoing is next to nothing. Last, and equally as important is the manner in which you treat the IC. If you treat him like an employee the public's perception will be just that. Like the article states, let him/her work their own hours and don't restrict/interfere with their business in any way.
Group 11
ReplyDeleteThe perceptions of the patient and public are vitally important to your business. If the public thinks that an independent contractor works for you, they may name your business in a lawsuit caused by the negligence of that person. Also the IRS may go after your business for back taxes and benefits. They may also go after you and your business for not having adequate workers compensation coverage. There are easy was to let the public know that people are independent contractors, put a sign up in your lobby, put it on the intake form that they are independent contractors and put it in your advertisements that they do not work for your business.
Group 8
ReplyDeleteWhen entering into practice and making the decision hire an independent contractor proper precautions and actions need to first be dealt with. As stated, it must be clear that the independent contractor is in no way affiliated with your practice. The article suggests doing this in a few ways. One would be to post a sign in your office that states the IC is just that, independent of your office and not an employee there of. Another would be to state that on all new patient paperwork so that each patient signs off stating they understand the IC is not an employee. Another action that needs to be taken is to notify the IRS with the arrangement with the IC. Once this is on file there shouldn't be any confusion about the status of the IC in your office. Furthermore the doctor's relationship with the IC must not be that of an employed doctor or associated doctor. The IC needs to have their own patients, work their own hours, ect. If you do treat the IC like an employee the patients are going to assume that to be the case.
Group 13
ReplyDeleteTo minimize your risk while bringing on an independent contractor, you need to be sure you clarify that the IC is not affiliated with your business. This begins with your patient's first visit into your office. Intake forms specifically stating the doctor is not affiliated with your office, and having the patient sign in agreement that they understand can protect you in the courtroom. Also, having a sign in your office that explicitly states who is an independent contractor and who is an associate protects you. Also, proper website advertising that delineates the employees from the IC's is ideal. From a business standpoint, you must allow the IC to set their own hours and operate completely independent from your practice to be in compliance with the Department of Labor guidelines. Lastly, you need to be sure that the IC is adequately insured to avoid being drawn into litigations due to contracting with a D.C. who is inadequately insured.
Group 17
ReplyDeleteThe article points out some very clear reasons on the importance of differentiating an independent contractor and an employee. Insurance coverage differences, tax statuses, and lawsuit damages are 3 very important reasons to clearly define the relationship of the business and the independent contractor.
Our group feels that there are a few other just as important reasons to make the distinction clear. Reputation of your business can be damaged in the event the independent contractor does something unlawful or unprofessional. Clear boundaries can help protect your business from a poor reputation. Setting expectations for patient care given at the business. Since independent contractors are their own boss, they may have differences in how they treat patients care plans. Activator, NUCCA, palmer package is all under chiropractic umbrella but can be very different in how they manage patients. This may lead to a less than positive patient experience if the public views the doctors in the building as a single entity providing the same care. Finally, the owners experience when providing care to patients. Similar to the above, but if the independent contractor is a pediatric focused doctor and the business owner prefers working with athletes and the public is not clear on the differences in the clinic may lead to patients scheduling with doctors that may not have a passion for their care. Having passion for what we do is one of the reasons we chose chiropractic and it would not be a good experience to lose that passion because we have not followed some simple steps to outline our relationship with other doctors in our clinic.
Group 21
ReplyDeleteWhen hiring or becoming an independent contractor yourself not only the documentation of your employment but also the perception of the patient and the public are important. If you are or have an independent contractor working in your office it is extremely necessary to communicate that status to the public. One reason for being very clear about an independent contractor is for IRS purposes. Another important reason is because the practice and its owner may be held vicariously liable for any negligent actions of the independent contractor. First and foremost communication with your patients is essential for a successful practice. According to the article there are three other steps you can take to ensure the public understands the role the independent contractor plays in your practice. One way is to display a sign in your lobby stating which doctors are independent contractors. A second way is to include a statement on the intake form which doctors are independent contractors. The third way is to be specific in your practice advertising including your website. These are a few risk management steps to effectively describe the relationship between the practice and the independent contractor to the public.
Group 7
ReplyDeleteFrom the article, our group found that having independent contractors working at your business there needs to be boundaries in place between patients, coworkers, and the owner. Having boundaries in place helps reduce the liability of breaking the laws.
When there is a clear understanding of the workers are only independent contractors it helps the patients and employees not question their actions toward the contractors. Also, it helps for a better work environment.
Independent contractors can be beneficial to companies that would like to save on overhead and overall headcount to the business. The business needs to make certain that there is public areas the information is released such as signs, paperwork, online websites, and directly to patients.
If a company decides that independent contractors are a more feasible option, they need to understand the laws beforehand so they do not have to employ the worker or pay for any expenses that could have occurred beforehand when the agreement was broken.
Group 16
ReplyDeleteThe article presented in NCMIC delves into specific and important protocols that should be undertaken if there is an established relationship between two doctors in which one is an independent contractor. As such, how the independent contractor is portrayed in the public eye can have large ramifications. First off, if a patient is filing a malpractice lawsuit and was not properly demonstrated that their doctor was in fact an independent contractor, then there is a possibility that the owner of the practice can become involved in the lawsuit. Another consequence of having a improper portrayal of a doctors actual role is that the owner could become liable to pay uncollected taxes if the independent contractor is deemed to be an employee by the IRS. Lastly, and again in regards to litigation, it is important for the independent contractor to have similar insurance coverage as the owner of the practice, as if the other doctors insurance is unsatisfactory, the owner again could become involved in the lawsuit. Following the directions as presented by NCMIC will therefore allow the relationship between an owner and independent contractor to be as safe from risk as possible.
Group 14
ReplyDeleteOur group has discussed this topic at length and determined that there are a few steps to take in order to minimize the risk to the independent contractor and practice owner.
First, there should be a clear delineation between those doctors that are a part of the practice, and those who work as independent contractors. These delineations should be made clear on signage on the door and in the waiting room as well as intake forms and documents. It should be obvious to the patients that any independent contractors are just that, independent. This can help protect the independent contractor from receiving any legal blow-back if the practice owner is brought to court.
As an independent contractor, it will help your
case when convincing the IRS that you are indeed independent by setting individualized hours and maintaining separate patient care procedures.
Last, as an independent contractor you must have adequate and appropriate insurance that is separate from the practice owner. This will further separate you from the owner.
Group 4.2
ReplyDeleteThe article as many others has reiterated that people will play what ever angle they can to gain a little more $$ when suing. It is great that NCMIC is talking about these things to help us help ourselves. 1st - when you are will an independent contractor one needs to make mention that they are 2 different doctors with 2 different businesses. This is your first line of defense in getting sued or brought into a court case when an independent contractor is involved. 2nd - another line of defense is to make sure all of the business paperwork/licensing is seperate on paper. This will help your case and show that they are actually separate and that you are not trying to hide anything from anyone. 3rd - the final way to insure that you are protected from the actions of other independent contractors that you work around is to have separate insurance but to make sure everyone has enough insurance to protect anyone that may be brought into the case.
Ultimately you need to cover your basis at least 3 different ways to insure proper protection.
Kendra
ReplyDeleteGroup 2
This is a useful article that explains ways to protect the practice owner and the independent contractor. Patients could easily get confused whether the other chiropractor in your clinic is your partner/associate or an independent contractor. One way to show the distinction between the two is by having a sign that plainly states all employees in the clinic and there job title whether it is independent contractor or front desk manager. Patients will also take note I how the doctors act toward each other. The practice owner should not dictate the independent contractor's hours, schedule, appointments, or adjustments. This could be held against the practice owner because the patient interpretated the relationship as partners. Lastly, and equally as important, contact the IRS to get a status determination to further examine the relationship between the buisness and the independent contractor to see how the relationship appears on paper. This could also help you in case of a lawsuit.
This article is a good heads up for students going out to set up their own office or share an office space with another doctor to reduce overhead costs. There were three main take aways that we got from this article on how to protect yourself.
ReplyDeleteFirst is that educate yourself on what it takes for there to be a distiction about an independant contractor both in the eyes of your patients and the IRS.
Second is that it is important to understand the implications that it could have in a malpractice suit and the legal ramifications of the IRS and to protect yourself and the independant contractors by both carrying insurance that is equal and adequate.
Last is that it is important to educate your patients and have a clear statement about who is serving them and how they are associated with the office in more ways than just tax status.
Group 19
ReplyDeleteThis article shows a number of important things to consider when having an independent contractor in your office. First, it is important that the patients know the roles in the office of the doctor and his employees. There should be some sign saying that Dr. X has a separate roles and appointments then Established Chiropractic. This should help reduce confusion with the patients and who they need to see to schedule their future appointments. It is also important that the independent contractor sets his/her own schedule, appointments,and payments. This will show the IRS that the independent contractor does in fact not work for you. Lastly, it is important that the independent contractor his/her own insurance. Having separate insurance will make sure that the doctor has coverage for anything that happens in his office that is separate from your office. Independent contractors can be a huge benefit for your office, however it is important to follow the listed suggestions to help minimize risk with the IRS.
Group 9.2
ReplyDeleteThis article put out by the NCMIC, "Independent Contractors, Minimizing Your Risks," is a great piece of information to hold onto. Whether you are an independed contractor or you have one in your office there are several things to do to insure independence. The first thing that needs to be done is to display accurate represtation of the independent contractor and their independence from the practice owner. Statements on the intake form to inform patients of who is the independent contractor, display signs in the lobby to also indicate who the independed contractor is, and finally practices need to advertise responsibly and not insinuate that the independent contractor is an associate. These are three different ways for a practice to make sure patients know the doctors are seperate and not partners.
When hiring an independent contractor into your office it is essential to receive their ensurance information and make sure that it is comparable to the practicing doctor. This way both are equally covered and entity added to the independent contractors policy. This entity coverage can help both doctors in the case of a lawsuit.
Following these steps to identify the independence of the two doctors will benefit the patients and the doctors, as well as limiting possible problems with the IRS in the future.
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ReplyDeleteGroup 20:
DeleteThe perception of the patient and public play a larger role in court cases than many would like to believe. If two D.C. work in the same building with only one sign and a single door it is easy to assume they are working together not as two separate individuals. This puts the first chiropractor at risk if the independent chiropractor is sued or under any other legal charges and vies versa. This can be averted with simple steps if taken in advance. First, provide signs that clearly state that each chiropractor work separately and independently. This should be visible in the office, on publications, and spoken verbally if presenting or recruiting patients. Second, have the patient sign a form clearly stating that the chiropractors work apart from one and another and they understand what this means. This signature will be very powerful if anything should ever happen to one doctor or the other. The last point is on the business side where it is still the responsibility of the owner or first chiropractor to make sure the independent chiropractor is in fact labeled as an independent contractor. If the second doctor begins to answer to the first doctor he becomes more and more like an employee. This means the owner needs to verify that the new doctor has insurance to cover himself and the facility can accommodate the agreement just as much as the individuals who are striking the agreement.
The article had a few helpful points to the newly established doctor of chiropractic venturing into the field. As a student, it is our sole responsibility to be aware of the different types of business agreements, the advantages and disadvantages, along with how to make a successful decision. An independent contractor is a highly-chosen route for many reasons as long as certain protocol is followed. One, a doctor must have the patient base aware of their separate entity via signage, wavers, etc. Two, a D.C. must advertise like an independent contractor versus an employee at __________ Clinic. Three, as the article states, “Accurately represent your role”. As long as a doctor is forthright with the patient and has adequate coverage, the risks are minimal.
ReplyDeleteThis comment has been removed by a blog administrator.
ReplyDeleteAfter Group 1's discussion, in summary, as an independent contractor it is your responsibility to make sure that a distinct separation is made between current and new patients and they understand that you are not associated in any way with the current DC. Legal issues can quickly arise if patient confusion is present, so sending out a new email or newsletter to inform patients may help as well as clearly marking the separate offices within the clinic. Separate and distinct logos may also help patients quickly distinguish the difference as well. Second, as NCMIC mentioned in the article, not only is it important to have open and clear communication with the patients but it is also important to clearly and effectively understand your own financials and legal rights and responsibilities. As the article suggested, proper insurance, up to date licensing, and any other state requirements must be met and kept by the independent contractor and fully understood. If any questions do arise, calling a lawyer or legal advisor would be the wise and help keep you from future mishaps. Finally, speaking with the aforementioned lawyer to look over legalities and offering suggestions to help keep you and your new business out of hot water will essentially be the final icing on the cake to ensure a smooth transition and cover any holes you may have missed. It never hurts to get a second opinion and save your business and yourself from possible future mishaps and mayhem.
ReplyDeleteGroup 12: The article “Independent Contractor…Minimizing Your Risk” by NCMIC puts forth great insight and risk management strategies for a DC when hiring or working with an independent contractor (IC). The main point of this article is to make sure the IC is accurately represented, properly classified and insured so that there is a distinct and separately identifiable relationship between a sole provider (SP) and an IC. If this relationship is not clearly defined, then a SP can be held vicariously liable for the actions of the IC, as well as being held financially liable for employment taxes, benefits, and workers compensation by the IRS. The article describes several easy steps to cement this relationship, so that there are no misconceived perceptions of an employer/employee relationship by outside parties such as patients and the IRS. First, display a sign in the main lobby indicating which DC’s are independent. Second, include a statement on the intake forms that clearly identifies the ICs. Third, be specific in advertising, clearly stating which parties are involved. Fourth, as a DC who has hired an IC, the IC needs to be able to set their own hours and determine their own practice procedures to further separate the parties involved. Lastly, the IC needs to be properly insured comparable to that of the contracting DC. It is our duty to clearly identify the relationship of an independent contractor, and these steps help take the risk out of the equation so that both parties can work within the law.
ReplyDelete