QUESTION

Hi, I have a physical therapy practice that uses independent contractors to carry out services.

Asked on Mar 01st, 2012 on Business Law - New York
More details to this question:
If one of my contractors quits and his charts come under review for a medicare audit, will i have any recourse if I have to repay monies from that chart due to the contractor not documenting correctly or that contractor leaving someone on program for much longer then was medically necessary? Is there a time frame that I have for this recourse? Do i need any sort of documentation signed by the contractor to allow me to have this recourse?
Report Abuse

1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
Reviews not shown
1 Award
Generally speaking, when you hire someone as an independent contractor, the contract comes with certain implied terms. In this case, you will have an argument that an implied term of your past hirings of these contractors was that they would do their work in accordance with customary professional standards and not perform services that were medically unnecessary. A better plan would be to reduce these expectations to writing and to impose on the contractor an express duty of reimbursement, including all of your costs and expenses of collecting from the contractor. An attorney can assist you in preparing such an agreement. Please call or email our office if we can help you. The statute of limitations on contract claims in New York is six years.
Answered on Mar 06th, 2012 at 7:39 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters