What is a Locum Tenens Agreement Review?
A locum tenens agreement is a legally-binding contract that explains how a physician will work for a medical facility on a temporary basis.
When reviewing a locum tenens agreement, you’ll want to check all terms that explain how the physician will work and be compensated to minimize the risk of strained working relationships.
Read the rest of this article to explore key terms to review in a locum tenens agreement, tips for reviewing it, and where to find a reputable lawyer to assist you with the review process.
What are Essential Terms to Check in a Locum Tenens Agreement?
A locum tenens agreement usually contains key terms. Here’s a rundown of them and what to look for during your review.
- Work scope. Check that the physician’s role and tasks are clearly defined to prevent scope creep or misaligned expectations.
- Payments. All compensation must be specified. Include overtime pay and what benefits the physician will receive.
- Duration. The agreement is for a short-term arrangement which should state exactly when it starts and ends.
- Malpractice insurance. This is an essential section to include in a locum tenens agreement. Make sure it states if the facility will provide it and what coverage is included.
- Costs. If there are expenses, such as lodging or travel expenses, these must be included in the agreement along with which party will cover them.
How Should You Review a Locum Tenens Agreement?
Reviewing a locum tenens agreement requires attention to detail. Here are some things to note during the review process so you don’t miss any important information that could result in legal or financial challenges.
Clear up Compensation Terms
Payment terms in your locum tenens agreement should be free of any vague wording that can result in late payments or disputes. Verify that the agreement terms outline exactly how compensation is earned and additional benefits the physician will receive.
Scrutinize Restrictions
There could be restrictions in the agreement, such as non-compete clauses. These could restrict the physician from accepting a full-time position at the medical facility for a certain period of time unless the facility pays the locum tenens agency a recruitment fee. Make sure that this is clarified in the agreement.
Clarify the Work Scope
All the physician’s provided services should be detailed to prevent disputes in the future. This should clarify daily clinical obligations, how many patients will be treated, and admin tasks. Ensure that the agreement provides comprehensive information so there’s no uncertainty.
Verify Independent Contractor Status
It's common for locum tenens agreements to state that the physician is working as an independent contractor. This must be stated to prevent ambiguity, as it affects taxes and employment protections.
Do You Need to Hire a Lawyer for a Locum Tenens Agreement Review?
Since a locum tenens agreement affects the parties’ working relationship, such as by specifying compensation and work scope terms, you should hire a lawyer to review it. Here’s how a lawyer can help you during the review process:
- They’ll clarify compensation to prevent payment deadlines or disputes. You’ll understand exactly when and how you’ll be paid.
- They’ll explain malpractice insurance. This includes verifying coverage limits and who is responsible for essential tail coverage.
- They’ll review the physician’s work schedule. A lawyer will explore the work scope and additional tasks, such as how overtime is handled.
- They’ll check non-compete and other restrictions. They’ll evaluate what’s included in the agreement so that physician restrictions aren’t too harsh or strict.
- They’ll ensure legal compliance. They’ll do this by checking all licensing and professional obligations are met to avoid future disputes.
- They’ll explain all the legal or technical terms. This will clarify exactly what you’re agreeing to before you enter into the agreement.
- They’ll protect your interests. A lawyer will navigate termination processes, such as by checking notice periods, how unpaid work is handled, and if there are any post-contract obligations to know about.
- They’ll negotiate any unfair terms. They can help you come up with a solid negotiation strategy if you want to discuss any terms or query confusing ones with the other party.
Where to Find and Hire a Lawyer to Review Your Locum Tenens Agreement
If you want to hire a qualified lawyer for a locum tenens agreement review, you can easily find one on an online legal platform. This makes it easy for you to gain access to a range of lawyers who have the expertise and experience to assist you with reviewing your agreements.
ContractsCounsel is one of the largest online legal marketplaces that lets you match with reputable lawyers who have been vetted on the platform.
Requesting that a lawyer on the platform reviews your locum tenens agreement is easy. Here are the steps to follow:
- Go to the ContractsCounsel marketplace, where you can post your request (or project) for free.
- You can mention some information about your project to help you match with suitable lawyers. This can include a note on your concerns with the current locum tenens agreement draft.
- Receive multiple bids from lawyers on the platform. They’re ready to review your locum tenens agreement for a flat fee.
- Before hiring a lawyer, check their information. The platform provides lawyer data, such as the lawyers’ location, expertise, credentials, years of experience, and client ratings they’ve gained from previously completed projects on the platform.
- Choose one of the lawyers to hire for an in-depth locum tenens agreement review. If required, you can also hire a lawyer to draft a locum tenens agreement from scratch.
