Episode 316: [Legal] Contractor Clinicians – What You Need to Know for HIPAA Compliance & Employment Law

Welcome solo and group practice owners! We are Liath Dalton and Evan Dumas, your co-hosts of Group Practice Tech.

In our latest episode, we cover a common area of confusion for group practice owners – contractor clinicians.

We discuss covered entities; HIPAA policies and procedures; IRS factors of control for contractors vs employees; the ABC test to determine classification; contracting as a business to business relationship; acting as a Managed Services Organization (MSO); Business Associate Agreements (BAAs); risk exposure and risk analysis; consequences of misclassifying contractors; and our HIPAA compliance manual service that can help with setup and implementation.

Show Notes & Additional Information:

• ABC test for contractors

• • Under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:

  • • A: The worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;

    • B: The worker performs work that is outside the usual course of the hiring entity’s business; and

    • C: The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.

• JD Supra article: Independent Contractors Under U.S. Law: Knowing Your ABCs

• Independent Contractor Laws by State (with map and key!)

• CMS – Covered Entities and Business Associates

• • See Business Associates section, particularly: “If a covered entity engages a business associate to help carry out its health care activities and functions, the covered entity must have a written business associate contract or other arrangement with the business associate” and “Also, a covered health care provider, health plan, or health care clearinghouse can be a business associate of another covered entity.”

PCT Resources

• Free on-demand webinar (with Maureen Werrbach of the Group Practice Exchange, too!): Structuring Your Group Practice for Success — Considerations for Contractors VS Employees

• PCT’s Group Practice PCT Way HIPAA Compliance Manual & Materials

• • Includes the Terms of Service template for practice as Managed Services Organization and HIPAA Business Associate to contractor clinicians as HIPAA covered entities, template BAAs for executing between practice and contractor clinicians, and comprehensive HIPAA Security Policies & Procedures for the practice as HIPAA covered entity and Business Associate/MSO.

  • Comprehensively covers the HIPAA P&Ps for contractor clinician structure group practices, employee structure group practices, and practices that are hybrid.

• PCT’s Group Practice Care Premium service with assignable staff HIPAA Security Awareness: Remote Workspaces training for all team members plus:

• • Access to Remote Workspace Center with step-by-step tutorials & registration forms for securing documenting Remote Workspaces

  • Assignable staff HIPAA Security Awareness: Bring Your Own Device training

  • Access to Device Security Center with step-by-step device-specific tutorials & registration forms for securing documenting personal & practice-provided devices

  • Direct support & consultation service, Group Practice Office Hours