Author Topic: Need help - Contract  (Read 4699 times)

shahul

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Need help - Contract
« on: September 22, 2012, 11:03:29 PM »
Hello, I'm planning to start my own billing business and into market research. I need your help with a few questions.  1. Once I get a client, what are the paper works i need to get done. I have only heard of  a contract and a BAA.  2. Can I prepare the contract myself with the help of books available online  or should I hire an attorney?  Similarly can I also prepare the BAA myself?  3.  are there any other paperwork that I need to complete?  I will appreciate your help in this regard. thank you.

PMRNC

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Re: Need help - Contract
« Reply #1 on: September 23, 2012, 10:38:20 AM »
I always recommend an attorney for the contract, one who won't just help write/draft it but stand by it and be available if needed. The BAA can def be done quite simply, but it's a good idea to have a compliance plan ready so that it can stand for your BAA, billing companies don't realize the BAA is a promise of compliance and how can you promise compliance w/out a plan?
Linda Walker
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www.billerswebsite.com

williamportor

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Re: Need help - Contract
« Reply #2 on: September 23, 2012, 02:30:27 PM »
Please excuse my ignorance, but what is a BAA?

PMRNC

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Re: Need help - Contract
« Reply #3 on: September 23, 2012, 02:33:43 PM »
Business Associates Agreement. It's a requirement for Business Associates under HIPAA.
Linda Walker
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www.billerswebsite.com

shahul

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Re: Need help - Contract
« Reply #4 on: September 24, 2012, 01:32:15 AM »
Thank you LInda. Can you please explain a little bit more on having a plan before writing BAA?

PMRNC

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Re: Need help - Contract
« Reply #5 on: September 24, 2012, 01:39:18 PM »
Every billing company should have a compliance plan. A compliance plan doesn't just SAY you are compliant, it shows your compliant, the steps you and your business have taken and take with your clients to be in compliance as well as what steps are taken when and if there is a compliance issue or breech. The standard model is on the OIG's website at: https://oig.hhs.gov/fraud/docs/complianceguidance/thirdparty.pdf     
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

shahul

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Re: Need help - Contract
« Reply #6 on: September 24, 2012, 03:09:50 PM »
Thank you for the information and the link. I appreciate it.

Mrs.Billier

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Re: Need help - Contract
« Reply #7 on: October 09, 2012, 09:07:21 AM »
How do the contract and BAA differ? 

PMRNC

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Re: Need help - Contract
« Reply #8 on: October 09, 2012, 10:21:05 AM »
They are completely different. Your contract is between you/your business, and the client and is a legal document describing the contractual relationship.   The BAA is HIPAA mandated agreement between the Business Associate (generally you) and the Covered Entity (Generally the client/provider)
Linda Walker
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www.billerswebsite.com

Mrs.Billier

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Re: Need help - Contract
« Reply #9 on: December 06, 2012, 08:33:48 PM »
I have heard the contract can be something as simple as a one page document.  Basically outlining an agreement on pricing.  Is that correct?

RichardP

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Re: Need help - Contract
« Reply #10 on: December 06, 2012, 10:36:18 PM »
Short answer is yes.

Slightly longer answer: a contract is an agreement drawn up by friends that outlines how they will dissolve their (business) relationship when they are no longer friends (and maybe no longer speaking to each other).

If you think that second answer through carefully, you should see that one page will probably not suffice, if you do it correctly.  The contract needs to specify what each party expects of the other in all areas where you are providing a service.  It should also spell out what services you will NOT be providing for the specified fee (those things that might reasonably be expected from you by the doctor that you won't be providing; don't go crazy here).  The contract should also state what the remedy will be if either party to the contract does not provide (or does not provide satisfactorily) any of the services agreed to be provided in the contract.

Remember - it is not just you who are providing a service to the doctor.  If you are contracting with the doctor to get him paid (if you signed a contract to do his billing), he must provide you with everything you need in order to get him paid correctly (you can't just make things up).  Some doctors are notoriously bad about giving you what you need in order to bill correctly.  Having all relevant issues outlined on paper, that can be referred to when necessary by both you or the doctor, can be very useful in keeping the business relationship on track.
« Last Edit: December 06, 2012, 10:38:36 PM by RichardP »

PMRNC

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Re: Need help - Contract
« Reply #11 on: December 07, 2012, 06:16:51 AM »
Way back when my contract was 1.5 pages copied off the internet, and MANY problems later I learned the lesson that MORE is not LESS when it comes to contracts. My contract is now 8 pages.
Linda Walker
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One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

Mrs.Billier

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Re: Need help - Contract
« Reply #12 on: December 07, 2012, 12:10:38 PM »
I would love to see an example.  I have never written one before and I would like to do my own.  Any suggestions?

PMRNC

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Re: Need help - Contract
« Reply #13 on: December 07, 2012, 12:35:18 PM »
I reccomend getting Alice and Michelle's book on contracts. I am strongly against handing out samples, every business is different, there are too many variables to use a sample and I just think it would be irresponsible to provide sample/template based contracts. You want something fresh and clean for your business. Best to work out all the services, terms, etc then have an attorney review or you can do what I do. I pay my attorney a retainer fee and this way it covers me for every time I need changes, reviews or other legal questions/problems that arise.
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

Mrs.Billier

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Re: Need help - Contract
« Reply #14 on: December 07, 2012, 01:18:36 PM »
I found a couple.  Thank you.