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Home » Locum Tenens Contract: How to read the agreement in one minute or less Locum Tenens Contract: How to read the agreement in one minute or less
Today, I am going to teach you how to glance at and make sense of the locum tenens agreement in less than a minute.
You may be thinking: I’ve got better things to do with my life than reading “stupid” contracts.
Wrong!
The truth is that you ALWAYS have to look at the contract. Medicine is a risky business, so you want to cover all your bases!
Now, this post is not going to make you a contract lawyer. Instead, it will give you a perfect recipe on where to look for potential “red flags,” and you’ll learn a simple way to quickly scan locum tenens agreements.
I’ll also give you examples from real-life contracts. This way it’s going to be easy to make sense of the confusing legal jargon. (BTW, you won’t find this info anywhere else on the web!)
I mention another important hack in this post: keywords that you can search within a contract document (typically a pdf file or webpage) and find the exact section you need to review it super fast.
Disclaimer: I am not a lawyer, and this article is just for self-education purposes. It’s not meant to replace professional advice. Consider getting legal consultation for detailed contract review.
A locum contract is the work agreement between a physician and a locum tenens company or a hospital/clinic. At the core, it’s a contract a physician independent contractors sign with their temporary employers that determines how much they will be paid, contract termination, and other important clauses.
Now, let’s look at all the “moving parts” of the locums agreement in more detail.
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The standard type of malpractice insurance hospitalists get is claims-based, which means you are covered only when both the incident and the claim (when they actually sue for that incident) happen when the policy was active.
Since you may stop working with the locum agency at some point or they could go out of business, it’s important that you get a guaranteed “tail.”
This would extend the locum tenens malpractice coverage for all the incidents, regardless of when the legal claim was made.
How much coverage is enough?
$1M/3M is a standard for hospitalists. The first number ($1 million) is how much is covered for each particular incident. The second number ($3 million) is how much total coverage you get.
The more the better, but anything less – no bueno!
Here are some examples of coverage terms:
1 – “Company shall provide professional liability insurance coverage for each Physician to cover all incidents which may occur during an Assignment, in limits of $1,000,000 per incident and $3,000,000 in the aggregate.”
2 – “Provider will be insured under the terms of “Agency name” group professional liability insurance policy or similar professional liability insurance provided by Client (i.e. hospital).”
3 – “Professional liability insurance will cover Provider, for a medical incident arising out of Provider’s rendering of, or failure to render, professional services while working on an Assignment. Upon expiration of the policy, “Agency name” will purchase group tail coverage or prior acts coverage with the new policy.”
4 – “Company will procure professional liability insurance, including post-termination continuation coverage or tail coverage, as applicable, based on Company’s insurance policy.”
TIPS:
♦ For malpractice coverage, look for $1M/3M.
♦ For claims-made insurance, make sure you get a “tail” coverage.
♦ Keywords for quick “scanning”: malpractice , liability , insurance , tail , coverage , policy .
You can typically cancel any shifts 30 days in advance, and the same goes for the hospital you work for.
Here, you need to make a note of the time frame required for termination and how termination is made – written, via phone call, etc.
Here are examples:
1 – “At all times during the Term of this Agreement, this Agreement may be terminated without cause or liability by either party upon thirty (30) days’ prior written notice to the other party.”
2 – “If Physician is not able to fulfill an assignment they have accepted, then Physician will give at least thirty days’ notice.”
The next important thing is to look at what happens when you cancel less than 30 days in advance.
Here you need to avoid the “strict lingo,” e.g:
If you fail to comply…you shall promptly pay to “Agency name” a cancellation fee equal to…”
or
“Provider will be charged for Company’s unrecoverable expenses.”
You should have wiggle room in the contract to get you off the hook if you have a legitimate excuse to cancel your shifts: e.g., illness, family emergency, etc.
Here’s an example of better wording:
Professional may cancel any scheduled placement less than 30 days in advance by giving written notice…if Professional becomes unable by reason of emergency or medical condition to fulfill an agreed placement.”
or
“If Physician becomes incapacitated or otherwise physically unable to perform Services…Physician’s cancellation shall be in writing.”
TIPS:
♦30-day cancellation window is a standard.
♦Avoid “strict” cancellations.
♦You should able to cancel any time in the event of sickness, emergency, etc. Consider adding this to the contract.
♦Keywords for quick “scanning”: cancel , schedule , notice , term .
