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A nursing agency contract is a lawfully binding agreement between a nursing agency registry business and a healthcare facility. Furthermore, the contract between a hospital and nursing agency, clinic, nursing home, rehabilitation center, long-term care, or home healthcare provider is lawful.
In addition, authorized individuals must sign it before executing a deal business, and the contract agreement provisions must comprise the healthcare facilities' terms and the nursing agency registry. The term must include obligations, insurance, billing procedure, payment rate, holidays, and vacations.
How to Draft a Comprehensive Nursing Agency Contract
Below are some effective tips for drafting a comprehensive nursing agency contract.
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Make Entries for Better Clarity
The top of a nursing agency contract details the name and address of the contracting agency, your authorization number, and other relevant information. In addition, you must use legal terminology to specify the name you will be known throughout the agreement, such as "corporation" or "agency".
The primary section also leaves space to fill in the name of the person who will be termed as an "independent contractor" or "nurse." Besides, nursing agency contracts must determine the nurse as an independent contractor. Therefore, the agency is not accountable for settling payroll taxes, and independent contractors receive a 1099-MISC tax form if they make $600 or higher in a year.
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Spell Out All the Requisite Terms
Many staffing companies employ nurses who also offer services to other agencies. They mention in the contract that nurses need only take those jobs they can reasonably anticipate completing within their schedules.
Other nursing staffing agencies require exclusivity and demand nurses to take only those customers directed by the agency. Provisions also can incorporate the minimum number of hours nurses will be reached to fill and the maximum duration of shifts you will offer.
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List All the Assistance Provided
To explain the position of the nurses and what they will be reimbursed for, spell out the assistance an independent contractor will demand. In addition, you must incorporate all the services your agency is anticipated to deliver.
Assistance can fall under general classifications because specifics can get unmanageable. Categories might comprise overseeing nursing subordinates, developing care programs with the treating doctor, assessing new customers for the agency, training new medical service providers, and delivering direct patient supervision.
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Exhibit Expectations
If the nursing agency demands contracted nurses to conduct liability insurance, specify this in the agreement with the sum the nurse must carry as an element of the agreement. Furthermore, you must spell out the payment plan and include details about when contractors will be settled and if payment is allocated after collection from the customer.
You must include details about the documentation you need on invoices and charts and nursing licenses and certifications. Also, it is better to write your confidentiality and termination policies in the agreement, what tools the nurse is anticipated to provide and what the agency will create.
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Key Terms
- Clean Claim: A claim obtained by an insurance payer is free from mistakes and processed quickly. Moreover, clean claims are a significant boon to medical service providers, as they lower turnaround time for the reimbursement approach and lower the need for time-consuming appeals approaches. Many providers present their claims to third parties, like clearinghouses, that train in making clean claims.
- Centers For Medicare And Medicaid Services (CMS): A national agency that controls and supervises healthcare coverage through Medicaid and Medicare. In addition, CMS directly impacts the healthcare of around 100 million Americans, which is increasing daily.
- Capitation: An arrangement between an insurance payer and a healthcare provider that pays the provider a set sum for every patient they look after. Capitated contracts generally happen within HMOs. HMOs enroll patients in service providers, who are reimbursed a specific amount based on the patient’s age, history, health risks, race, etc.
- Medicaid: Medicaid delivers insurance coverage to low-income households and people. It is basically an insurance program for people who cannot afford complete insurance coverage. Moreover, Medicaid is financed at state and national levels, but each state holds its version of Medicaid that must perform above the minimum prerequisites specified by national law.
- Co-Insurance: A kind of insurance contract between the payer and the patient that separates the cost of medical assistance by allocation. While this is occasionally utilized synonymously with a co-pay, the structures differ.
- Appeal: The procedure by which a provider or patient tries to convince an insurance payer to spend more (or, in particular cases, settle for any) of a healthcare claim. The appeal on a lawsuit only happens after a claim has either been rejected or retracted.
Conclusion
In a nutshell, if you are a nursing staffing agency that provides nursing talent, in some methods, you are experiencing the ideal storm. In addition, if you own a track record of creating associations with nurses and delivering them to healthcare institutions, you’re looking for a lucrative business market.
If you seek legal assistance in writing your nursing agency contract, our attorneys at ContractsCounsel can assist you. Our attorneys are highly qualified to care for all your contractual requirements and help you create a comprehensive agreement for a better association.
Meet some of our Nursing Agency Contract Lawyers
Keidi C.
Keidi S. Carrington brings a wealth of legal knowledge and business experience in the financial services area with a particular focus on investment management. She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. Ms. Carrington is a graduate of Johns Hopkins University with a B.A. in International Relations. She earned her Juris Doctorate from New England Law | Boston and her LL.M. in Banking and Financial Law from Boston University School of Law. She is admitted to practice in Massachusetts and New York. Currently, her practice focuses on assisting investors, start-ups, small and mid-size businesses with their legal needs in the areas of corporate and securities law.
Namrita N.
Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.
T. Phillip B.
Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth.
August 13, 2021
Jim S.
Jim Slattery most recently served as General Counsel at Regional News Network, a large owner of broadcast television stations. Jim is an experienced attorney with broad-based expertise. He is a seasoned negotiator who has been involved in negotiations as complex as the Olympic Games. Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. Previously, Jim worked in the media industry in various roles at All American Television. Jim’s success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. Jim received a J.D. and a B.B.A. from the University of Notre Dame.
September 19, 2021
Jonathan H.
I’m an attorney focusing my practice on concierge corporate and intellectual property law for startups and high-growth companies. I also serve as outside General Counsel to several businesses in various sectors. Since founding my practice I've worked with hundreds of clients across a variety of industries. My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively.
August 18, 2021
George F.
The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. With a supreme pledge of exceptional service to its clients in the areas of Real Estate (Commercial & Residential), Loan Modifications, Intellectual Property, Corporate Law & Business Transactions, Wills, Trusts & Estates, the Law Office of George K. Fuiaxis creates solutions for the many faceted problems faced by its clients. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies.
August 22, 2021
Chris J.
I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.
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