Sample Contracts

I found this the below link quite helpful, particularly sample contract 2.

HTH

Best wishes.

• Transcription Contract forms or ideas..... - Tami
  • Sample Contracts - At Home MT
  • Contracts - Patti
    • But really what is a contract good for anyway..... - Judy
      • I wonder if you could have made the contact more specific - At Home MT
        • could go the other way also - just me2
          • This is true, but - At Home MT
            • Just have to cover yourself - Patti
              • Does this mean you don't have a business associate contract/agreement in place with your doctors - That's a HIPAA requirement
              • My attorney tells me "A contract is only as good as the two people who sign it." nm - JoV

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In hindsight, it would seem a good idea in such a situation would be to have a notarized agreement between yourself and the person you get to fill in for you.  This agreement would stipulate that they are only to fill in for you in your absence when requested by YOU and they are not permitted to seek or accept employment with this client as long as you are their transcriptionist, even if it's your best friend.  This is business, not a Saturday lunch together. 

Then you could also get the facility to sign a notarized agreement with you stating they will not offer employment to your fill-in.  They are to understand that this person is only a fill-in for you and is not permitted to solicit your clients because he/she has a legal agreement with you to not do so.  Should they violate this, you will pursue legal means, etc.  You must protect your job as well as you can.     

You can also put in a contract that you have the first right of refusal to turn down work if the workload increases and the facility wishes to hire more staff.  Then they can't go behind your back and hire others without offering you the work first.  You have yourself covered at both ends this way.  I've done such contracts and they befuddle the client so much that they willingly agree to sign because it sounds like I know a whole lot more than they do.  Get a lawyer to draw something up so all your bases are covered. 

Being nice, honest--that has to do with character and it's wonderful if the people for whom you work are that way.  But in business, it's money that comes first.  The two are not incompatible but it seems these days they aren't often found together anymore.  Do a bullet-proof contract and give it to your clients in a very cordial but professional manner.  They will respect you for it.  Your business and income are every bit as valuable to you as theirs are to them and explain that to them as you hand over the contract for them to sign.  If they can't see that, you don't need to deal with them and move on.  Make the playing field level here and protect yourself.  You are a professional too!

Here's what part of one of my Autotext entries looks like.  It has fields in it that I can just jump to by pressing F11.

OBJECTIVE: Height: {x} feet {x} inches.  Weight: {x}. Temperature: {x}.  Blood pressure: {x}.  Pulse: {x}.

On your menu bar in Word, just go to Insert-->Field-->then choose which you want.  Personally, I just choose the one labeled Comments but then I change the "formula" part (will show up in gray, this particular one says "COMMENTS   * MERGEFORMAT" in it) to just an X so that Word doesn't automatically insert something I don't need. It's like a placeholder for me.

I'm sure you can customize it even more but this is sufficient enough for me right now.

Has anyone out there heard or looked into government contracts transcribing for VA hospitals - a friend called me today with this proposition - she said there were two places to look for work - one is called rsp.com and the other is fedbizops.com.  She put in a bid for a radiology account with 600,000 lines a month and said that she thought that would take two people.  I'm just trying to find out if this is legit or not.  I'm not wanting any extra work for myself, but this just sounds too good to be true.

Yes the papers have been served. Seeking legal advice soon.  I don't really fear anything as I know we have done nothing wrong. It's just maddening that this person doesn't have anything better to do than to make other people miserable. She doesn't want to make her own money, she tries so hard to take other people's money. I swear, she works harder at trying NOT to work than she would actually have to work if she would just get a job! Get a job lady!

This can be tricky.  You need to have a lawyer look at the contract you made with the physician and see if you made a contract with him as an individual or the contract was made with his business and then see what can be done.  If it was made with his business, then you may be covered and be able to fight this more easily. 

I think you also need to know what the new contract for the merger covers -- are all previous services used by that physician automatically transferred over to the merged group?  If not, you may have been cut out of the deal.  OR, you may be included and they are not telling you.  Also, if you are not covered under the new arrangement, you may be able to go after him for expected income based on what your existing contract states with that physician.  You may be able to go after him personally for money owed. 

We're talking 6 months of income here as I see it.  Get a lawyer and go get what you deserve if there is any possible way--either by being retained by the new group or bringing charges of some sort.  Make sure the lawyer stipulates that THEY pay all legal costs involved.  They may be more willing to settle with you, give you what you want, rather than go through all this.  Stand your ground.  You are a business and don't let them cheat you.  There are a lot of things in contracts that a non-lawyer can't see but can very well be to your advantage. 

Good luck! 

Yes, the only real "comfort zone" is what is covered in a legal document.  There's your security to a certain extent.  That's not to say that will eliminate all problems, but it gives people an idea you're serious and professional about your servies and you don't expect to be taken advantage of.  Demand all that you want.   Then decide down the road how strictly you want to hold the other party to those demands. 

Think of how business people operate -- they argue at the conference table over clauses in contracts and then go play golf together the next weekend.  It's expected.  It's part of running a business.  Business is business, social is social.  Draw a line here between the two.  Be nice when you type a term paper for your neighbor's kid.  Be strict when you deal with clients. 

Anyone can challenge a contract or agreement, and sometimes you will lose or it won't be worth the fight to pursue it. Every situation is different.  That's why it's best to get the best attorney you can afford, the most experienced in this, to draw up that contract to begin with.  Obviously the clients for whom we work have their own lawyers and the money to pursue things.  But looking at the overall picture, it's just easier to give into your demands as a Transcriptionist than fight, especially if they really want to keep you which seems to be the case here.  If there is a disagreement and you walk, their work is going to get backed up until someone else is trained and up to speed (in most situations).  Who wants that hassle?  It's easier to give into your demands.  Lawyers aren't cheap for anyone, either side.

I'd sit down with these people and explain what they have done to you because they really may not realize how it is affecting you.  Be pleasant about it but firm.  Then have that contract ready and re-negotiate.  Tell them your lawyer has advised you to do this with every client you have and you are changing your way of doing things to protect your business.  Who can fault you for that?  It makes perfect sense.  Then you'll know where you really stand with them and you can make your decision to stay or move on.  And when you deal with anyone else, present the contract to them and make sure all parties understand what they are signing before you do one bit of paid work for them.   

One other tip:  This is not meant in any way to offend you, as I'm sure your sklls are good, especially if they asked YOU to find a replacement.  They assumed they would get someone just as good as you.  Don't do it.  Don't ever hire a fill-in who is equal to or better than you.  You want them to be exceedingly glad upon your return!!!  Doing this even puts you in a better bargaining position as far as rate increases in the future.  If you want to help out a friend, get her/him an account you don't want.  OR, hire them as a subcontractor for you so that they do not deal one-on-one with the client except to do the work.  They are not to be involved in any negotiations whatsoever.  But I still prefer hiring below your level of expertise.  It's better for you that way. 

For those of you who work for MT companies, do you have to sign a contract regarding working for other companies as well?

Since supplemental income seems to be a big part for many, I am wondering if there is ever any problem with that.

Is there anyone else, besides me, who's very hesitant on giving out your social security # to new contracts?    Am I better off trying to get a Federal Tax ID # and using that instead?   

YES....  www.mtbot.com

Just type surgical reports (or whatever you're looking for) in the search engine.  There are tons of reports in there. 

I have searched, but not really found one I am totally happy with.  If anyone has a good IC contract, please email me or let me know a link.

TIA!!!

Sunny

Can someone please post a link of where I can find a sample contract. Looking to strike out on my own - need a contract to present to docs.

Thanks

SPECIMEN:

1. Left breast biopsy
   
2. Apical axillary tissue
   
3. Contents of left radical mastectomy

GROSS DESCRIPTION:

Part #1 is labeled "left breast biopsy" and is received fresh after frozen section preparation. It consists of a single very firm nodularity measuring 3 cm in circular diameter and 1.5 cm in thickness, surrounded by adherent fibrofatty tissue. On section a pale gray, slightly mottled appearance is revealed. Numerous sections are submitted for permanent processing.

Part #2 is labeled "apical left axillary tissue" and is received fresh. It consists of two amorphous fibrofatty tissue masses without grossly discernible lymph nodes therein. Both pieces are rendered into numerous sections and submitted in their entirety for histology.

Part #3 is labeled "contents of left radical mastectomy" and is received fresh. It consists of a large ellipse of skin overlying breast tissue, the ellipse measuring 20 cm in length and 14 cm in height. A freshly sutured incision extends 3 cm directly lateral from the areola, corresponding to the closure for removal of part #1. Abundant amounts of fibrofatty connective tissue surround the entire breast, and the deep aspect includes an 8 cm length of pectoralis minor and a generous mass of overlying pectoralis major muscle. Incision from the deepest aspect of the specimen beneath the tumor mass reveals tumor extension grossly to within 0.5 cm of muscle. Sections are submitted according to the following code: DE - deep surgical resection margins; SU, LA, INF, ME - full thickness radial respectively; NI - nipple and subjacent tissue. Lymph nodes dissected free from axillary fibrofatty tissue from levels I, II, and III will be labeled accordingly.

MICROSCOPIC:

Sections of part #1 confirm frozen section diagnosis of infiltrating duct carcinoma. It is to be noted that the tumor cells show considerable pleomorphism, and mitotic figures are frequent (as many as 4 per high power field). Many foci of calcification are present within the tumor.

Part #2 consists of fibrofatty tissue and a single tiny lymph node free of disease.

Part #3 includes 18 lymph nodes, three from Level III, two from Level II and thirteen from Level I. All lymph nodes are free of disease with the exception of one Level I lymph node which contains several masses of metastatic carcinoma.

All sections taken radially from the superficial center of the resection site fail to include tumor, indicating the tumor to have originated deep within the breast parenchyma. Similarly, there is no malignancy in the nipple region, or in the lactiferous sinuses.

Sections of deep surgical margin demonstrate diffuse tumor infiltration of deep fatty tissues, however, there is no invasion of muscle. Total size of primary tumor is estimated to be 4 cm in greatest dimension.

DIAGNOSIS:

1. Infiltrating duct carcinoma, left breast.
2. Metastatic carcinoma, left axillary lymph node (1), Level I.
3. Lymph nodes, no pathologic diagnosis, left axilla, Level I (12), Level II (2), Level III (3).

Sample Contract
From Jennifer Martin, MT Monthly

This contract is made and entered into on _______(date) by _________(client) whose address is ____________ and _____________(your company name) whose address is ______________. In consideration of the mutual promises in this contract, the parties agree to abide by all the terms of this contact.

Contractor agrees to do the following: Medical transcription in accordance with client's documentation guidelines and forms. Services shall include: _______________________. Turnaround for transcription services shall be forty-eight (48) hours.

Pickup and delivery of the materials needed to complete this service will be made by the contractor, or his/her appointed courier, at the client's place of business at such a time agreed to by both parties. Contractor promises that the final product will be completed to the client's satisfaction.

For performing the work described above, client agrees to pay contractor the amount of ______ per line. It is agreed that sixty-five (65) characters constitutes a line.

Either party may terminate this agreement on not less than thirty (30) days' notice.

Confidentiality: As a contractor, it is my responsibility not to violate any confidence of the patient or their family through indiscriminate discussion pertaining to patients, their treatment, diagnosis, or progress. Erroneous and nonpublic information released by me shall result in legal liability. I understand and agree that all patient records and patient information are strictly confidential and will not make any disclosures.

Errors and Omissions Insurance: It is my policy that computer-authenticated or other artificial signatures generated by means other than the actual dictating physician's signature are not endorsed by me. Therefore, the doctors should proofread their transcription for document content, accuracy and quality control.

No changes shall be made in this agreement unless those changes are agreed to in writing by both contractor and client.

Transcriptionist (Contractor) - Subcontractor (other Transcriptionist or company) Contract

[Name of Contractor's Company]
[Contractor's Address]
[Contractor's Phone Number]

This completed document forms a contractual agreement between: ___________________________, referred herein as the Subcontractor, doing business at ______________________________________________, and the Contractor above so named.

The parties named herein desire a contractual business arrangement regarding the transcription of medical dictation and hereby agree:

1) Supplies provided to the Subcontractor by the Contractor that are a necessary requirement for the completion of work must be ordered by the Subcontractor from the Contractor or Contractor's client in a timely fashion such that the Subcontractor will not be without said necessities.

2) The Subcontractor is responsible for any supplies and equipment necessary to perform the contracted work. Furthermore, the Subcontractor is responsible for the upkeep of any machines or other equipment required to complete work and shall not let machines or equipment fall into disrepair, thereby affecting the Subcontractor's ability to perform work in the agreed manner and time.

3) The Subcontractor may only communicate with the Contractor's client in matters regarding the actual work of transcribing dictation for said client and may not communicate with said client regarding any matters concerning billing, pricing, or any other matter not pertaining to said work. In all communication with the Contractor's client, the Subcontractor shall identify themselves as agents of the Contractor and may not identify themselves as independent agents having their own business.

4) The Subcontractor agrees that patient and client confidentiality are of utmost importance. No work performed by the Subcontractor for the Contractor may be disposed of without first shredding said documents. The Subcontractor will set-up files and directories on computer(s) in such a way as to prevent unauthorized viewing, deleting, or copying. Said computer(s) will also be configured to prevent unauthorized use and will also employ security devices to prevent theft of said computer(s). No work shall be sent from the computer without it first being encrypted using a minimum of 128 bit encryption. No patient or client names will be stored by the Subcontractor in any form of database for use after termination of this contract. Regular back-ups of Contractor's Clients' work will be made in order not to forever lose the transcribed work.

5) Payment to the Subcontractor by the Contractor will be for completed work only. Payment will be made on a per-line basis at a rate of 0.__ per line with said line being 65 characters per line. Rush order payments will be the per-line rate plus 15% of the per-line rate. Any monetary penalties for late work imposed by the Contractor's client will be passed-on to the Subcontractor responsible for completion of that client's work, if the Subcontractor is responsible for said late work. The Subcontractor will have special labels on-hand at all times, of the type specified by the Contractor, should labels be required as part of completing work. The Subcontractor shall purchase these labels.

6) Invoices for payment for completed work must be submitted to the Contractor on the 14th (fourteenth) and 28th (twenty-eighth) day of each month. The Subcontractor must provide a separate invoice for each of the Contractor's clients with proof of work performed. The Contractor will pay the Subcontractor within 7 (seven) days of the Contractor being paid by the Contractor's client, except for weekends, holidays, and Acts of God.

7) Upon dissolution of this agreement, for whatever reason, machines, supplies, or equipment loaned to the Subcontractor by the Contractor, or the Contractor's client, must be returned to the Contractor or the replacement cost of said machines, supplies, or equipment will be deducted from outstanding monies owed by the Contractor to the Subcontractor. Should outstanding monies be insufficient to replace said unreturned machines, equipment, or supplies, the Contractor may still seek satisfaction under local laws and statutes of the Contractor's business domicile, or Subcontractor's business domicile, at the discretion of the Contractor.

8) At no time within 2 (two) years of termination of this contract may the Subcontractor approach or perform work for the Contractor's client in any form or manner, unless dealing with the Contractor as an agent. The Subcontractor may not accept any offer of work made by a Contractor's client, nor offer to provide services to a Contractor's client, either directly or by any other method or means, intended or unintended, that would disguise the client's identity, the Subcontractor's identity or would somehow obfuscate the relationship. No such relationship, including the Subcontractor working through or with another subcontractor, shall be allowed.

9) The contractor's name, logo, trade-mark or trade-marks, letterhead, and any other intellectual property of the Contractor shall remain exclusively as the Contractor's. The Subcontractor may only make use of these properties when acting as an agent of the Contractor. The Subcontractor may not act in such a way as to have others perceive them as actually being the Contractor and may not employ any device that would allow the Subcontractor to benefit from the Contractor's reputation.

10) The Contractor and Subcontractor must give written notice of at least 14 (fourteen) days of their desire to dissolve this contract. All outstanding work, finished work, loaned equipment, machines, or supplies, must be returned by the Subcontractor on the last day or prior to the last day of this notice. Within the life of the notice period, the Subcontractor is still bound to perform in accordance with this contract. Any substandard performance or inability to complete Contractor's clients' work by the Subcontractor in a timely fashion may result in the Contractor waving the notice period to save the Contractor's good business name. Any costs associated with premature dissolution of this contract in this regard may be deducted from the Subcontractor's final payment.

11) Breach of any part of this contract could result in the termination of this contract by the Contractor without notice to the Subcontractor. All normal clauses pertaining to dissolution of this agreement would then come into effect.

12) The Contractor reserves the right while under contract with the Subcontractor, and without formal notice, and without any explanation, to change or remove the Contractor's clients for whom the Subcontractor is performing work.

13) The Contractor cannot guarantee the quantity of work to be sent to the Subcontractor. The Subcontractor understands that the Subcontractor/Contractor relationship may depend in whole or in part on the relationship between the Contractor and the Contractor's client and understands fully therefore that loss of the client's work to the Contractor will be regarded by both parties as good and sufficient reason to thereby terminate the contract between the Contractor and Subcontractor.

The Subcontractor, ______________________________, agrees to honor and completely understands this contract, as confirmed with the Subcontractor's signature below.

}

____________________________________ }

Subcontractor or Authorized Person }

} Signed this ______ day of ______ in the year ______.

}

}

____________________________________ }

Contractor or Authorized Person }

}

Errors & Omissions Excepted

© 2000 ANSO Consulting Inc. & Medword Medical Transcription - www.medword.com

What I have done in the past when I wanted a raise is met the doctor halfway.  Keep in mind though that if you lower your rate, when will you ever get a raise?  :(

Transcriptionist-Physcian (or other Client) Contract

[Name of Transcriptionist's Company]
[Transcriptionist's Address]
[Transcriptionist's Phone Number]

This completed document forms a contractual agreement between: ___________________________, referred herein as the Transcriptionist, doing business at ___________________, and ____________________ herein referred to as the Client, doing business at _________________________.

The parties named herein desire a contractual business arrangement regarding the transcription of medical dictation and hereby agree:

1) Supplies provided to the Transcriptionist by the Client that are a necessary requirement for the completion of work must be ordered by the Transcriptionist from the Client in a timely fashion such that the Transcriptionist will not be without said necessities. If not supplied by the Client, the Transcriptionist is responsible for any supplies and equipment necessary to perform the contracted work.

2) The Transcriptionist agrees that patient and client confidentiality are of utmost importance. No work performed by the Transcriptionist for the Client will be disposed of without first shredding said documents. The Transcriptionist will set-up files and directories on computer(s) in such a way as to prevent unauthorized viewing, deleting, or copying. Said computer(s) will also be configured to prevent unauthorized use and will also employ security devices to prevent theft of said computer(s). No work shall be sent from the computer without it first being encrypted using a minimum of 128 bit encryption. No patient or client names will be stored by the Transcriptionist in any form of database for use after termination of this contract. Regular back-ups of Client work will be made in order not to forever lose the transcribed work.

3) Payment to the Transcriptionist by the Client will be for completed work only. Payment will be made on a per-line basis at a rate of 0.__ per line with said line being 65 characters per line. Rush order payments will be the per-line rate plus 15% of the per-line rate.

4) Invoices for payment for completed work will be submitted to the Client on the 14th (fourteenth) and 28th (twenty-eighth) day of each month with the Client providing payment within 5 (five) days of submission of said invoice.

5) Upon dissolution of this agreement, for whatever reason, machines, supplies, or equipment loaned to the Transcriptionist by the Client will be returned to the Client or the replacement cost of said machines, supplies, or equipment will be deducted from outstanding monies owed by the Client to the Transcriptionist. Should outstanding monies be insufficient to replace said unreturned machines, equipment, or supplies, the Client may still seek satisfaction by legal means.

6) The Client's name, logo, trade-mark or trade-marks, letterhead, and any other intellectual property of the Client shall remain exclusively as the Client's. The Transcriptionist may only make use of these properties when performing work for the Client.

7) The Client and Transcriptionist must give written notice of at least 14 (fourteen) days of their desire to dissolve this contract. All outstanding work, finished work, loaned equipment, machines, or supplies, will be returned by the Transcriptionist on the last day or prior to the last day of notice. Within the life of the notice period, the Transcriptionist will perform in accordance with this contract. Any substandard performance or inability to complete the Client's work by the Transcriptionist in a timely fashion may result in the Client waving the notice period. Any costs associated with premature dissolution of this contract in this regard, such as hiring another transcriptionist on short notice or at a higher rate, may be deducted from the Transcriptionist's final payment.

8) Breach of any part of this contract by either party could result in the termination of this contract by the offended party. All normal clauses pertaining to dissolution of this agreement would then come into effect.

The Client, ______________________________, agrees to honor and completely understands this contract, as confirmed with the Client's signature below.

}

____________________________________ }

Client or Authorized Person }

} Signed this ______ day of ______ in the year ______.

}

}

____________________________________ }

Transcriptionist or Authorized Person }

}

Errors & Omissions Excepted

This is a great site for sample op reports.

http://www.stedmans.com/AtWork/section.cfm/27

I will be starting a new Cardiology acct. I would appreciate any sample reports out there. I have googled and googled to no avail. I have done Cardiology, although it has been many years, but never procedure reports.

Thank you in advance.

Hello everyone!

Can anyone help with a site for sample OR reports particularly diskectomy?

Thank you!

Here are some more sites with op sample reports.

http://www.mtscribes.com/samples.html

http://medicaltranscriptionwordhelp.synthasite.com