Wiki 1099/billing for unemployed surg assistant??

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LaSeille

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Can anyone offer any light on this situation please??

Two hospital-employed surgical assistants have been going into the hospital operating room on their days off and working "independently" with certain surgeons and then billing for their time as surgical assistants to insurance carriers via a private billing company.

These two assistants have come to one of the surgeons and asked if he would allow them to be his surgical assistant on their days off, and want him to give them a 1099 and then have him bill for their "services." They do not want to be hired by him, and he does not want to hire them. However, he would like to help them out but doesn't know how to do it, and has come to me asking for advice.

I cannot find anything in writing about a situation like this, and no-one I have spoken with can offer any assistance. Does anyone have a situation like this, and if so, could you please explain how you are dealing with it?

I am very uncomfortable with this situation and cannot give the doctor a good answer at this time. Any help that anyone can offer is very much appreciated!!
 
If you and your doctor are uncomfortable with this situation, tell them NO. If your doctor doesn't want the liability of having these assistants with him in the OR, then he should tell them he doesn't need their assistance.

Besides, if they are employed by the hospital, it could be a conflict of interest for them to be "moonlighting" with other doctors that have privledges at the facility.
 
Well....the problem is.....the doc actually likes these two assistants and their expertise in the operating room and finds them very dependable in the OR. AND....he would like to help them out, but doesn't want to get into any type of legal problems, etc. However, without actually hiring them, I do not think he can give them 1099's and then bill for their services. However, I need to know if there is anyone else who does this (or has done this), if it's legit, and hopefully explain exactly how they do it. Thanks.
 
See an attorney

Tell the surgeon that his questions need to be addressed by an attorney who is qualified to give a legal opinion on this topic. Probably someone with healthcare and labor expertise.

Way OUT of my league.

F Tessa Bartels, CPC, CEMC
 
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