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Contracts & Business Associate agreements

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PMRNC:

--- Quote ---I agree with Linda that no one should simply sign their name to boilerplate stuff they find on the Internet.  But I do not agree with Linda that a newbie should not look at boilerplate for ideas about what issues they need to consider when customizing a contract for their own situation.
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If I were NOT in a teaching position with NOTHING to lose and did NOT care about the people getting into this business I would send them a sample 3 page contract myself.  Richard, YOU know it and I know it, they don't LOOK at the contracts for ideas, they download, slap their name on it to save a few bucks and that is how MANY of us learned the hard way, so I do NOT think it responsible to have someone look at sample contracts. Agree or disagree, you know darn well what people are doing with "samples". In good conscience I could NEVER send a copy of my contract to another billing company because they learn NOTHING from looking at it, modifying it or simply using it.  I've been doing this for years and I KNOW what the newbies do. I believe in telling them like it is from the get go, no sense pussy footing around for them to learn the hard way when they can be forewarned from experience.

Newbies are getting into this business and they want to download contracts and samples and save themselves the work.. but they do NOT learn from that method..in fact they will end up suffering from it. I SEE this every day.. The sad fact from my OWN statistics in doing this is that 3 of every 4 billing companies starting out with NO experience will fail due to things like this. I don't care if people don't like me for being honest. I will not in good conscious ever tell people to download and look at samples. It's like cheating off of someone who is going to receive an "F" themselves. The BEST way to learn is from doing it right the first time and WITHOUT looking at what someone else is doing. There's NO way I would take YOUR contract and look at it to model my own contract, it would NOT help me one bit.

RichardP:
Linda, I don't particularly disagree with anything you've said in your last post.  But, you say I've been doing this for years ...  My concern is that this statement is true and you don't really remember what it is like to be at the beginning of the learning curve and not know which way to turn.

For those who don't have the money for lawyers to draft a contract from scratch, or don't have the money for books, where do they learn how to start with their contract?  They are going to look at the Internet regardless of whether you tell them not to.  I think those who are going to take boilerplate from the Internet and slap their name on it will do that no matter what we say.  I'm speaking to those who will respond to reason when we give a reason why they should not slap their name on boilerplate - even if they do use it to help focus their own attention on their own business.  I'd like to think there are a few folks out there like that.

Since I truely am not trying to argue with you, I will walk away now.

PMRNC:

--- Quote ---Linda, I don't particularly disagree with anything you've said in your last post.  But, you say I've been doing this for years ...  My concern is that this statement is true and you don't really remember what it is like to be at the beginning of the learning curve and not know which way to turn.
--- End quote ---

I most certainly do know remember starting out which is why I offer the advice I offer, based on experience and learning some things the hard way and making many of the most common mistakes.



--- Quote ---For those who don't have the money for lawyers to draft a contract from scratch, or don't have the money for books, where do they learn how to start with their contract?
--- End quote ---

Since I began PMRNC, this is one of the things I was most adamant about and in consulting with my own attorney and from PREVIOUSLY watching others make the repeated mistake which cost them dearly, It's just advice I stand firmly by. I could NEVER in good conscious put up a contract for others to use or even modify, there's also the cost.. MANY good billing companies have taken the time to put out the funds and good effort to have their contract drafted and/or reviewed by attorney's. That's their cost. There are MANY legal considerations of ANY business that have to be done right, I'm a firm believer that there are costs you can skimp on and some you cannot, obtaining proper legal representation or review is essential in an industry so highly regulated like ours. If I were starting out in any business I want to be sure I have all the tools and startup funds to meet my obligations, if I did not, I would simply wait as it would be worthwhile to do so.  We offer something a little more unique in regards to information about contracts. We have a full section on HOW to do a contract and what scenario's are most often missed in creating one. We do that w/out adding a contract. I feel people learn better this way. Lack of startup funds should not be a reason for skimping on essential things. I'm not saying you must ALWAYS get a lawyer, I'm saying that covering yourself the right way FIRST will surely reduce the amount of mistakes you make in such a highly regulated business!

 
--- Quote ---They are going to look at the Internet regardless of whether you tell them not to.  I think those who are going to take boilerplate from the Internet and slap their name on it will do that no matter what we say.  I'm speaking to those who will respond to reason when we give a reason why they should not slap their name on boilerplate - even if they do use it to help focus their own attention on their own business.  I'd like to think there are a few folks out there like that.
--- End quote ---

Maybe Richard, but I feel I've done due diligence with my advice. I have indeed given reasons why it's a bad idea, with the number one reason being legal responsibility and we don't learn by copy/paste.  Part of the problem medical billing companies are having is due to the ones NOT doing their due diligence in research and learning as well as start up.  I cannot tell you how many just download a HIPAA BAA, give it to their clients and think that is compliance.  You can't just declare HIPAA compliance you must BE HIPAA compliant but they take that BAA to mean they are just because it says so.   

People are free to ignore my advice, I'm known for my tell it like it is advice and opinion and I sleep better at night that way.  I could easily put up a template contract and make a nice penny doing so.

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