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Contracts and Agreements

Contracts and Agreements

Contracts are useful ways to help establish terms for different parties to work together and/or for individuals providing services to an employer or business. Professional contracts or service agreements vary in length and content. It is important for contracts to stipulate the professional expectations and services, contain provisions that support professional obligations (for example, confidentiality), and anticipate how and when the contractual relationship between the parties might end.

The following are agreement guides and templates found on the Doctors of BC website. The provided templates can be used to minimize the cost of drafting each contract; however, each clinic will be required to negotiate the terms of their specific agreement using legal support. As a business owner, it would be important to seek appropriate legal advice and services to help you draft the contracts you will use in your practice.

Group Governance Guide & Template 

Group governance should be a priority to establish when opening a clinic with more than one provider. This type of agreement may take various forms including that of an association or partnership agreement. It is a formal written document that outlines the key rights, responsibilities, and obligations of each provider in the group. A group governance agreement also outlines the general operation of the group’s practice, including how expenses will be shared, who will undertake key activities, and how disputes will be managed.

The Group Governance Guide provides further details on key considerations when working in as a group. These include decisions around: 

  • Type of group practice 
  • Renumeration and payment model 
  • Start-up costs and daily operating expenses 
  • Responsibilities and shared decision-making 
  • Working together in harmony 
  • Scheduling 
  • Terms of agreement and termination 

 

The Group Governance Agreement template provides a starting point for provider groups to detail the above (and other as specific to the group) decisions when working in a group. 

Cost Sharing Guide & Template 

The purpose of the Cost Sharing Guide is to help facilitate the conversation by highlighting principles and options for providers to consider. There are three principles to consider when choosing a cost sharing model: 

  1. Transparency of appropriate information: this includes disclosing and sharing operational costs and insurance implications with the appropriate party in a timely manner so individuals can make informed decisions. 
  2. Participation at a mutually agreed upon level for each provider and clinic owner: this includes establishing expectations of participation, opportunities for providing input on clinic operations and practice management, as well as confirming how information is shared and how decisions are reached. 
  3. Understanding the options and implications: this covers the expense areas to consider (personal, shared, capital expenses) and the three common cost sharing models clinics can follow and adopt. 

 

The Cost Sharing Template can be used to begin the conversation with involved parties in how costs are shared in a clinic. 

Contractor Agreement 

This is an agreement between a business and an individual contractor (such as a NP or a physician). It covers details of the engagement and services provided by the contractor, terms of the contract, renumeration for services provided, termination and other areas. Many NPs working as part of PCN, already sign a similar contract. This DoBC Contractor Agreement Template can also be used to augment current agreements or for NPs or physicians providing non primary care, specialized, or private services.  

Group Practice Data Sharing Guide & Agreement Template 

Having a data-sharing agreement clarifies ownership, custody, and enduring access to information in a shared practice arrangement. This includes compliance with applicable professional and legal requirements. The Group Practice Data Sharing Guide, has been tailored for physicians but it is also applicable to NPs. The guide provides resources to help providers understand the concepts of a data sharing agreement as well as required clinic roles and key principles and agreement components.

The Group Practice Data Sharing Agreement Template provides a starting point when establishing the group practice data sharing in a group practice. A few key considerations when tailoring the template include: 

  • Ensuring all professional obligations and legal duties related to using and disclosing records are fulfilled.  
  • Establish terms and conditions pertaining to the management, protection, and professional responsibilities of sharing patient records.  
  • Outline what will happen to the patient records as custodians enter and leave the clinic.  
  • Always comply with the Personal Information Protection Act (PIPA). 

Click here to continue to section F: Other Considerations Prior to Clinic Opening