Net Income Guarantee Contract Example (Page 6 of 11) in pdf

B and related documents, if any).

13.

Compliance with State, Local and Federal Laws. The parties enter into this Agreement with the

intent of conducting their relationship in full compliance with applicable state, local, and federal law including the

Medicare/Medicaid Anti-fraud and abuse provisions. Physician shall be entitled to refer patients to any hospital or

other healthcare facility or provider deemed by Physician best qualified to deliver medical services to any particular

patient. No term of this Agreement shall be construed as requiring or inducing Physician or Group or any member

of or physician associated with Group to refer patents to Medical Center. Physician’s rights under this Agreement

shall not be dependent in any way on the referral of patients or business to Medical Center by Practitioner or Group

or any member of or physician associated with Group. Further, in the event there are any material changes in (a)

federal, state or local laws, rules or regulations or the interpretation or application thereof, including the laws, rules

or regulations applicable to (i) the Medicare, Medi-Cal or other governmental health care programs, or (ii) fraud and

abuse or payment for patient referrals, including the anti-referral laws (for example, including laws with respect to

payments for referral or to induce the referral of patients (Cal. Business and Professions Code Section 650; Cal.

Labor Code Section 3215; and the Medicare/Medicaid Fraud and Abuse Law, Section 1128B of the Social Security

Act); and including laws with respect to the referral of patients by a physician for certain designated health care

services to an entity with which the physician (or his/her immediate family) has a financial relationship (Cal. Labor

Code Sections 139.3 and 139.31, applicable to referrals for workers' compensation services; Cal. Business and

Professions Code Section 650.01 and 650.02 applicable to all other patient referrals within the State; and Section

1877 of the Social Security Act, applicable to referrals of Medicare and Medi-Cal patients)), (b) the accreditation

standards or recommendations of the Joint Commission, (c) private health or hospital care insurance programs or

policies, or (d) any legal requirement related to Medical Center’s tax-exempt bond financing, any of which may

have a material impact on the operations of Medical Center, the interests of Practitioner or the performance of this

Agreement, District or Practitioner may elect to renegotiate this Agreement by giving written notice thereof to the

other party. Such notice shall indicate the basis upon which the party giving notice has determined that such a

material impact on its operations or interests or performance hereunder may result. In any case where such notice is

provided, both parties shall negotiate in good faith during the thirty (30) day period after the date the written notice

is given in an effort to develop a revised Agreement, which, to the extent reasonably practicable, will adequately

protect the interests of both parties in light of the changes which constituted the basis for the exercise of this

provision. If the parties reach no such revised Agreement during such thirty (30) day period either party shall have

the right to immediately terminate this Agreement upon the delivery of written notice of termination to the other

party.

14.

Independent Contractor.

In the performance of the work, duties and services under this

Agreement, it is further understood and agreed that no relationship of employer and employee is created by this

Agreement. It is understood that Physician is at all times performing as an independent contractor and not as an

employee of Medical Center.

As an independent contractor Physician shall not have any claim under this

Agreement or otherwise against Medical Center for vacation pay, sick leave, retirement benefits, social security,

workers compensation, disability or unemployment insurance benefits, or employee benefits of any kind. Further,

Medical Center shall neither have nor exercise any control or direction over the methods by which Physician

performs his or her work, it being agreed that he or she will perform his or her work and function at all times in

accordance with the current approved methods and practices of the medical profession and his or her medical

specialty and that the sole interest of Medical Center is to ensure that his or her services hereunder be performed in a

competent, efficient and satisfactory manner in accordance with currently approved medical practices. All services

rendered by Physician pursuant to this Agreement shall conform to:

(a)

All applicable federal, state, and local governmental laws, rules and regulations;

(b)

All applicable standards of relevant accrediting agencies;

(c)

All applicable standards established from time to time by third party payors, including

Blue Cross/Blue Shield of X, Medicare and Medi-Cal.

Net Income Guarantee Contract Example Page 6

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