California Acuerdo entre Médico como Contratista Independiente por Cuenta Propia y Corporación Profesional - Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation

• Category: Empleo - Contratistas independientes - Médicos
• State: Multi-State
• Control #: US-00771BG
• Format: Word

Description

A corporation may be organized for the business of conducting a profession. These are known as professional corporations. Doctors, attorneys, engineers, and CPAs are the types of professionals who may form a professional corporation. Usually there is a designation P.A. or P.C. after the corporate name in order to show that this is a professional association or professional corporation. 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: California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation — Comprehensive Guide Description: The California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation serves as a vital legal contract that outlines the terms and conditions of the working relationship between a physician and a professional corporation. This agreement is specific to California state laws and encompasses various aspects of the physician's employment, such as compensation, responsibilities, and liabilities. California recognizes the importance of protecting both the interests of physicians and the professional corporations they work alongside. Therefore, these agreements are essential to ensure a clear understanding of the obligations and expectations of both parties involved. Key Terms and Provisions: 1. Parties: Identify the physician and the professional corporation by their legal names and addresses, clearly establishing the agreement's participants. 2. Purpose: Define the purpose of the agreement, emphasizing the physician's independent contractor status and the professional corporation's role. 3. Compensation: Specify the manner, frequency, and amount of compensation for the physician's services, whether on an hourly, per diem, or any other agreed basis. 4. Duties and Obligations: Outline the specific professional responsibilities the physician undertakes, ensuring alignment with the professional corporation's objectives and policies. 5. Insurance and Liability: Address the allocation of insurance coverage and responsibilities in the case of malpractice claims or liabilities related to the physician's services. 6. Confidentiality and Non-Compete: Enforce measures to protect sensitive information and restrict the physician from engaging in any activities that could harm the professional corporation's business. 7. Termination: Detail the circumstances under which the agreement can be terminated by either party, including any notice periods and contractual obligations that must be fulfilled. 8. Dispute Resolution: Specify the agreed-upon methods for resolving disputes, such as mediation or arbitration, to avoid potential legal complications. Types of California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. General Physician as Self-Employed Independent Contractor: This type of agreement is suitable for physicians joining professional corporations intending to practice medicine within a specific specialty or field. 2. Specialty-Specific Physician Agreement: Certain medical fields may require additional provisions specific to their requirements (e.g., surgery, radiology, psychiatry). In such cases, specialty-specific agreements are devised to address these unique considerations. 3. Locum Teens Agreement: This type of agreement is designed for physicians providing temporary coverage or stepping in during the absence or unavailability of other physicians within a professional corporation. These agreements ensure a mutually beneficial relationship between physicians and professional corporations, promoting transparency, legal compliance, and a solid foundation for providing quality healthcare services in California.

Title: California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation — Comprehensive Guide Description: The California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation serves as a vital legal contract that outlines the terms and conditions of the working relationship between a physician and a professional corporation. This agreement is specific to California state laws and encompasses various aspects of the physician's employment, such as compensation, responsibilities, and liabilities. California recognizes the importance of protecting both the interests of physicians and the professional corporations they work alongside. Therefore, these agreements are essential to ensure a clear understanding of the obligations and expectations of both parties involved. Key Terms and Provisions: 1. Parties: Identify the physician and the professional corporation by their legal names and addresses, clearly establishing the agreement's participants. 2. Purpose: Define the purpose of the agreement, emphasizing the physician's independent contractor status and the professional corporation's role. 3. Compensation: Specify the manner, frequency, and amount of compensation for the physician's services, whether on an hourly, per diem, or any other agreed basis. 4. Duties and Obligations: Outline the specific professional responsibilities the physician undertakes, ensuring alignment with the professional corporation's objectives and policies. 5. Insurance and Liability: Address the allocation of insurance coverage and responsibilities in the case of malpractice claims or liabilities related to the physician's services. 6. Confidentiality and Non-Compete: Enforce measures to protect sensitive information and restrict the physician from engaging in any activities that could harm the professional corporation's business. 7. Termination: Detail the circumstances under which the agreement can be terminated by either party, including any notice periods and contractual obligations that must be fulfilled. 8. Dispute Resolution: Specify the agreed-upon methods for resolving disputes, such as mediation or arbitration, to avoid potential legal complications. Types of California Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. General Physician as Self-Employed Independent Contractor: This type of agreement is suitable for physicians joining professional corporations intending to practice medicine within a specific specialty or field. 2. Specialty-Specific Physician Agreement: Certain medical fields may require additional provisions specific to their requirements (e.g., surgery, radiology, psychiatry). In such cases, specialty-specific agreements are devised to address these unique considerations. 3. Locum Teens Agreement: This type of agreement is designed for physicians providing temporary coverage or stepping in during the absence or unavailability of other physicians within a professional corporation. These agreements ensure a mutually beneficial relationship between physicians and professional corporations, promoting transparency, legal compliance, and a solid foundation for providing quality healthcare services in California.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.