Responses to Subcontracting, plus

Responses to Subcontracting, plus

Rick

1/10/2012

Good Morning All,
Original Question:
I've been asked to sub for a friend while he's on vacation, but I recall reading last year that this is no longer an option in O&P.  I remember reading that a practitioner must be an employee of the company where the pt is seen &/or the insurer is billed for service.  Is this still the case?

Many folks just wanted the answer to this question as well.  Here are those w/opinions:
 
You can subcontract if you are qualified in that state, unless your state specifically prohibits o&P subcontracting. To cover base, your friend just needs to note his vacation and your coverage in the facility compliance manual. 
KH,CPO
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...As to your original question, subbing for a friend.  You should ask an
attorney who practices in the state (where you plan to sub and your
regular job) and specializes in labor law.  Specifically, should you
and your friend enter into a temporary employee contract.  If you do
not, does your liability insurance cover you in case something happens
while seeing your friends patient.  Does your friends insurance?

Worst case scenario.  You are driving to the hospital to see one of
your friend's patients.  You are involved in a major traffic accident.
A passenger in the other car is killed and you suffer a C-7 fracture
and complete cord dissection.  There is no immediate placing of fault.
Does your employment based insurance cover you?  Disability,
workman's comp, personal liability against the certain wrongful death
suit.  Or does your friend's business insurance kick in, even though
you are not a formal employee.

Remember the adage:  No good deed goes unpunished
MG, LPO
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you can certainly become a consulting practitioner as a part time employee, or you could refer the patients from the one company to the other in the interest of provision, but just make the patient aware of the relationship and create a bonafide written agreement before the dates of seervice between you and your buddy.
(No Certification noted)
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Rick, I thought this rule was clarified and didn't preclude all contract work - but I can't remember where I saw that. If I find it pass it along. Please post responses.
JB, CPO
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My thought would be  if there is a formal contract where you are contracted
to provide services to that organization and performing services under that
organization's name, you should be OK.  They will need to pay you as a 1099
individual and best to pay you through you LLC or C Corp, etc.  Also,
issue of insurance.  Make sure you are either covered by yours or his.

Let me know what else you hear from others. 
AM, (no credentials provided)
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Yes. I might,call,AOPA to verify the ruling
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The most defintive response was Brett Saunders, CPO who told me: Yes, subcontracting is allowed, BUT you must be set up as a part time or PRN employee of the company for which you are subbing.  Make sure you are covered under their liability insurance & speak w/your own insurance about what happens if you get hurt while subbing...who is going to cover your disability or time off d/t injury?  We did not take the time to inquire through O&P governing bodies at this time as I decided not to risk it on such short notice from my friend.
Thanks to All & to Paul.
Ps: Cartoon attached (if allowed) is perfect!
 
Rick
 
 TR (no credentials provided)
Rick Milen, CPO, PTA
NEXSTEP, Inc.
Prosthetic Specialists
West Lawn, PA
www.iwalknexstep.com