your contractual relationship is of NO matter to the federal government under Anti=kickback and fraud statutes.. There have been MANY independent consultants, billing companies and even salary/hourly paid employee's held individually responsible.
Would I be held liable if I prepared something and didn't know if they were being supervised or not? or would it be my employer?
You are both responsible, they are responsible NOT to break the law and you are responsible for knowing what's going on. There is no room for ignorance when it comes to fraud/abuse, the law says you SHOULD know. A good contract will help drive this fact home (though it wouldn't protect you, just make it known to the client you won't tolerate any funny business)
To my knowledge she is being supervised and all of the notes are signed by her and the supervising MD but since I am not there to actually witness it......Little scary....Any suggestions?
Well, I always advise to make sure you keep good documentation, have good Errors & Omissions insurance and make sure your client is fully aware of your responsibilities and theirs via a SOLID good contract. Even a suspicion of something not right could be cause for concern if you file claims with that suspicion. Bottom line is you don't want to find out the hard way so protect and cover yourself. I'm not saying there are not legit physicians doing this of course, there are.. I'm just saying to beware of possible situations that could arise. A good compliance plan will also include situations like this that you could refer to if/and when you have to.