- Joined
- Sep 19, 2020
- Messages
- 14
- Reaction score
- 2
Hello,
I recently moved to Pennsylvania (previously practiced in NY) and have been doing some interviews here. I have a job that offers a lot of CEs in Implant and Invisalign, seems like they actually mentor as well (instead of just promising to), but the contract has some lines and sections that I haven't seen before in a contract.
I'm wondering what I can or should as for.
Sorry for the lengthy post. I tried to just select the parts I was most concerned about.
Here are my areas of concern:
1) [In consideration for Employee’s performance of the Services, the Practice shall pay to Employee a “Service Fee”, equal to Thirty-Two percent (32%) of Net Collections. “Net Collections” shall be defined as gross receipts collected by the Practice on account of Services performed by Employee, less (a) thirty-two (32%) of laboratory fees, (b) thirty-two (32%) of third-party financing fees; and (c) reimbursed or refunded amounts.]
- I haven't seen third-party financing fees included in a contract before. Also, can't the office write off lab fees and the third-party fees? I was told by others that they can, but the owner of the office said they can't and that the third-party fees only amount to $50-$100 a month and the other associates don't mind.
2) [The Practice shall bill in its own name for Services provided by Employee. Where required and permitted in order to bill for third party payors, the Practice shall be authorized to, and shall have the right to bill for Employee’s Services using Employee’s name or provider and other identification numbers, with collections thereon to be paid to the Practice.]
- I still get confused about whether a practice should bill in my name or theirs. Will this make it harder to track what work I actually did?
3) If I plan to leave, they require 90 days written notice, but then they have this on their end.
[Employee’s employment under this Agreement shall terminate immediately for “Cause”.] and one of the causes is: [Employee’s notice of intent to terminate or not renew this Agreement].
-So let's say I'm moving, I give my 90 days and they can decide to end it immediately? Am I reading that correctly?
4) [Developments. All Developments for the Practice, or the Practice’s affiliates, shall be considered “works made for hire”. Employee shall have no ownership in and to any Developments. To the extent that by operation of law or otherwise, Employee acquires any interest in or to any Development for the Practice, or its affiliates, Employee hereby assigns to the Practice, or such affiliate for which the Development was created, all such right, title or interest. Employee shall cooperate with and assist the Practice in perfecting the Practice’s ownership of and title in any such Developments, including signing all applications or transfer document without payment or additional consideration therefore. “Development” means any discovery, concept, invention, design, method, technique, improvement, enhancement, development, model, process, layout, development tool, software, scripts, artwork, drawings, copyrighted work, patent or other work of authorship, created by Employee, either alone or with others, within the scope of Employee’s engagement.]
- This section seems wild to me. So, if I come up with an idea - marketing, educational tool, whatever, that is used in the practice. I have no ownership over it?
5) [Employee will be reimbursed for the Professional Liability Insurance premium for up to $4000 per contract year. To be eligible to get premium reimbursement, Employee is required to add [Company name] as additional insured. In the event of breach or termination of this contract for any reason by either party within initial term, Professional Liability Insurance premium reimbursement benefit will be refunded within 5 days by the Employee to the Practice.]
- I've never had an office require that I add them to my professional liability insurance. This is not a DSO. It is a dentist-owned practice with several locations (<5). I have occurrence typically for my malpractice. I was told by my malpractice agent that this is uncommon. What benefit does the office get from being on my insurance and what is a good way to argue against it?
Thanks for any help!
I recently moved to Pennsylvania (previously practiced in NY) and have been doing some interviews here. I have a job that offers a lot of CEs in Implant and Invisalign, seems like they actually mentor as well (instead of just promising to), but the contract has some lines and sections that I haven't seen before in a contract.
I'm wondering what I can or should as for.
Sorry for the lengthy post. I tried to just select the parts I was most concerned about.
Here are my areas of concern:
1) [In consideration for Employee’s performance of the Services, the Practice shall pay to Employee a “Service Fee”, equal to Thirty-Two percent (32%) of Net Collections. “Net Collections” shall be defined as gross receipts collected by the Practice on account of Services performed by Employee, less (a) thirty-two (32%) of laboratory fees, (b) thirty-two (32%) of third-party financing fees; and (c) reimbursed or refunded amounts.]
- I haven't seen third-party financing fees included in a contract before. Also, can't the office write off lab fees and the third-party fees? I was told by others that they can, but the owner of the office said they can't and that the third-party fees only amount to $50-$100 a month and the other associates don't mind.
2) [The Practice shall bill in its own name for Services provided by Employee. Where required and permitted in order to bill for third party payors, the Practice shall be authorized to, and shall have the right to bill for Employee’s Services using Employee’s name or provider and other identification numbers, with collections thereon to be paid to the Practice.]
- I still get confused about whether a practice should bill in my name or theirs. Will this make it harder to track what work I actually did?
3) If I plan to leave, they require 90 days written notice, but then they have this on their end.
[Employee’s employment under this Agreement shall terminate immediately for “Cause”.] and one of the causes is: [Employee’s notice of intent to terminate or not renew this Agreement].
-So let's say I'm moving, I give my 90 days and they can decide to end it immediately? Am I reading that correctly?
4) [Developments. All Developments for the Practice, or the Practice’s affiliates, shall be considered “works made for hire”. Employee shall have no ownership in and to any Developments. To the extent that by operation of law or otherwise, Employee acquires any interest in or to any Development for the Practice, or its affiliates, Employee hereby assigns to the Practice, or such affiliate for which the Development was created, all such right, title or interest. Employee shall cooperate with and assist the Practice in perfecting the Practice’s ownership of and title in any such Developments, including signing all applications or transfer document without payment or additional consideration therefore. “Development” means any discovery, concept, invention, design, method, technique, improvement, enhancement, development, model, process, layout, development tool, software, scripts, artwork, drawings, copyrighted work, patent or other work of authorship, created by Employee, either alone or with others, within the scope of Employee’s engagement.]
- This section seems wild to me. So, if I come up with an idea - marketing, educational tool, whatever, that is used in the practice. I have no ownership over it?
5) [Employee will be reimbursed for the Professional Liability Insurance premium for up to $4000 per contract year. To be eligible to get premium reimbursement, Employee is required to add [Company name] as additional insured. In the event of breach or termination of this contract for any reason by either party within initial term, Professional Liability Insurance premium reimbursement benefit will be refunded within 5 days by the Employee to the Practice.]
- I've never had an office require that I add them to my professional liability insurance. This is not a DSO. It is a dentist-owned practice with several locations (<5). I have occurrence typically for my malpractice. I was told by my malpractice agent that this is uncommon. What benefit does the office get from being on my insurance and what is a good way to argue against it?
Thanks for any help!
