- : TMC Medical Centre
- : 11-Jul-2017
- : Toormina NSW 2452
The purpose of this agreement is to set out the Terms and Conditions that will govern our relationship with you while you are practicing medicine at the Toormina and Sawtell Medical Centres as an independent GP contractor.
About this Agreement
This agreement is between <Name Doctor>, as specified in items 1 and 2 of Schedule 1 (The GP) (ABN: ), and Toormina Medical Centre Unit Trust (ABN 64 292 564 239 ), trading as Toormina Medical Centre and Sawtell Medical Centre (the Medical Centre).
Under this agreement, you will be a GP contractor operating at the medical centre on the following basis;
- Monday to Friday - 8.30 am to 5.00 pm, or
- Number of Sessions per week 8, or
- As agreed.
This agreement will commence on the date specified in item 4 of Schedule 1 and shall continue for 12 months at which time the agreement will be reviewed.
The Medical Centre may terminate this agreement immediately by written notice to you, if you:
Do or fail to do anything which the Medical Centre reasonably considers will:
Adversely affect its reputation; or will
Detrimentally affect the Medical Centre;
Are guilty of any willful neglect or misconduct;
Are fully or partially disqualified under the Health Insurance Act 1973 (Cwealth);
Have conditions imposed on your registration which are unacceptable to the Medical Centre; or
Refuse or fail without reasonable excuse to comply with your obligations under the Doctor Roster.
The Medical Centre’s undertaking
During the term, Feelalright Pty Ltd ATF Toormina Medical Centre Unit Trust will operate the Medical Centres and provide the services specified in Schedule 2 Part A.
The Medical Centres will, through the GP Associates of the Medical Centre, set a roster for the provision of medical services at the Medical Centres for each week (the roster).
During the term, you will render medical services at the Medical Centres on the basis set out in Part B of Schedule 2 and in accordance with the roster.
You will also provide to the Medical Centre a copy of your Medical Registration and Professional Indemnity Insurance Certification prior to commencement and thereafter every 12 months.
Your rights and obligations as a health professional
During the term, you will comply with the obligations set out in Schedule 3.
The Medical Centre is committed to you maintaining your clinical independence as a health professional. The Medical Centre’s obligations to you relating to this commitment are set out in Schedule 4.
The Medical Centre owns the medical records of the patients who receive medical services at the Medical Centre.
You must not make copies of the whole or any part of the medical records of the patients who receive medical services at the Medical Centre, unless prior approval is received. You must not remove patient records from the Medical Centre, either while this agreement is effective or subsequently, unless prior approval is received.
Feelalright may grant access to patient records to you and other medical practitioners, providers of ancillary medical services and any other staff members of the Medical Centre. The Medical Centre will grant access to anyone who is entitled at law to have access to the patient records.
You must maintain appropriate Professional Indemnity insurance. You will be required to provide the Medical Centre with a copy of the certificate of currency for your Professional Indemnity insurance coverage on commencement and thereafter every 12 months.
The details of income, the practice fees and other entitlements are set out below;
In hours gross billings includes the following:
all Medical fees for service item numbers privately or bulk billed to Medicare;
all fees for reports;
all work cover fees; and
all Department of Veteran Affairs fee for service payments
Other Fee Income – not included in Administration Fee calculation
Teaching - You will be paid for time taken to supervise and/or teach the practice GP Registrar, PGPPP Resident and medical students from time to time for an agreed sum.
Practice Incentive Payments (PIP) – You will be eligible for an equal shar of the following Practice Incentive Payments (paid quarterly) if you work the equivalent of 8 sessions per week (i.e. full time), if you work less than 8 sessions then the payments will be based on pro rata sessions worked;
Diabetes Outcome payment
Cervical Screening Outcome payment
Other Clinical PIP as practice becomes eligible
After Hours payment - if you agree to join the Coffs After Hours Roster and participate in the TMC oncall roster
Teaching PIP – if teaching Medical Students
Australian Childhood Immunisation Register payments
At the end of each week the practice will calculate the gross receipts received on behalf of the GP, deduct the Practice Administration Fee of 35% and transfer the remaining 65% of receipts received to the bank account nominated by the GP.8. After Hours & Oncall
The practice has the following afterhours and oncall arrangements. The oncall doctor will be rostered on from Monday evening through to the following Monday morning. They will also be required to staff the Saturday morning clinic from 9.00 am to 12.00 pm.
The After hours & oncall roster as at the date of this agreement is a rotation of 1 in 10 weeks.9. Hours of Operation
The practice will be extending its hours of operation from January 2016, you will be given the opportunity to review your hours and to participate in the new opening hours.10. Working Outside of the Medical Centre
If it is mutually agreed the GP can work for another Medical service not affiliated with the Medical Centre as long as this does not generate a conflict of interest11. Confidentiality
You must not divulge or use directly or indirectly either for your own benefit or that of others any confidential information (written or verbal) about the Medical Centre, acquired during your contract and you must take reasonable precautions to maintain secrecy and prevent disclosure of any confidential information.
Confidential information includes any information (written or verbal) of a commercial, technical or financial type, which is not publicly available. This obligation applies during and also extends beyond your contract with the Medical Centre and is in addition to any professional obligation to preserve the confidentiality of patient records.
It is also a condition of this agreement that you do not, either during your contract period (other than as part of it) or when it ceases, retain, take or make copies of any material (original or not) such as correspondence, medical records, company manuals, computer printouts, floppy disks, file notes or any other material, whether or not compiled or made by you, to which you have access as part of your contract. All such material is and remains the property of the Medical Centre. Upon this agreement ceasing, all such material must be left with the Medical Centre.
The Medical Centre does not condone any behaviour by its employees or contractors which is illegal, unethical or which constitutes a serious breach of standards by which employees/contractors are judged by the community.
In addition, there are established policies relating to discrimination and sexual harassment, financial management, safety, privacy, trade practices and any other matters. The Medical Centre also has a range of procedures and policies developed to ensure fair treatment and smooth administration of employment/contract matters and other issues. All of these policies are regularly modified and updated by the Medical Centre and will be made available to the employees/contractors. Where the policies impose standards of conduct for employees/contractors, they will also form part of your terms and conditions of this agreement.
Would you please acknowledge your agreement to these terms and conditions by initialing each page, signing and dating the acknowledgement at the end of the duplicate letter provided to you and returning one copy of the letter to Peter McDonald, Executive Director - Toormina & Sawtell Medical Centre.
I am pleased to welcome you to Toormina and Sawtell Medical Centres and wish you every success whilst working with the Medical Centre team.
Schedule 2 – Part A, Services to be provided by the Medical Centre
The services are:
Administration and management services;
The provision of a serviced space at the Medical Centre suitable for the conduct of the general medical practice by you, when you are rostered to attend the Medical Centre, the location of such space being specified from time to time by the Medical Centre.
The provision of suitable reception services.
The provision of all necessary plant, equipment, apparatus, instruments (other than those to be provided by you), fittings, furniture and furnishings which are, in the opinion of the Medical Centre, reasonably necessary for the provision of medical services by you.
The maintenance, repair, cleaning and keeping in good order and condition of the space within the Medical Centre provided for your use and of all equipment, plant, apparatus, instruments, fittings, furniture and furnishings provided for use at the Medical Centre.
The provision of all support staff, employees and contractors which are reasonably required by you to provide medical services;
The provision of materials, consumables and medical requisites used and reasonably required by you for the purpose of providing medical services at the Medical Centre;
The provision stationery and postage for your use for the purpose of and in connection with the provision of medical services by you at the Medical Centre;
The provision of electricity, telephone and other public utilities at the Medical Centre;
The keeping and writing up of accounts in connection with the medical services provided by you at the Medical Services; and
The collection on your behalf and the banking of all fees and other monies paid or payable to you in respect of medical services provided by you at the Medical Centre and the issue of receipts on your behalf and in your name.
The services provided by the Medical Centre do not include preparation of any tax returns for you.
Schedule 2 – Part B, Services to be provided by you as a Medical Practitioner
During the term, you will render medical services at the Medical Centre on the basis set out in Schedule 1 and in accordance with the roster.
You will be responsible for supplying personal items of equipment found in a doctor’s bag, such as ophthalmoscope, auroscope and stethoscope.
You will complete and sign all documents and all things necessary to obtain:
A Medicare provider number in respect of the Medical Centre; and
Any government grants.
Assignment of revenue
Inconsideration of the Medical Centre entering into this agreement, you will unconditionally and irrevocably assign to the Medical Centre all amounts which may become due and payable to you after the commencement date specified in item 4 of part (a) of schedule 1 in respect of the medical services to be provided by you during the term including, without limitation, any amounts which may become due and payable from:
Any Health Insurance Fund;
Any patient; or
Any other source, (not including Registrar teaching payments).
Registration as a medical practitioner, and provide a copy of that registration to the Medical Centre;
Medicare provider number for the Medical Centre:
Professional Indemnity Insurance.
- All customs and standards of conduct relevant to a medical practitioner;
The best professional and ethical standards for medical practice; and
Alll laws, regulations and valid directions of government agencies which relate to the rendering of medical services;
Ensure that your conduct in rendering medical services at the Medical Centre is acceptable to the general body of medical practitioners in Australia;
Pursue appropriate continuing medical education;
Maintain a high standard of record keeping; and
Conduct yourself in manner that;
Maintains harmony with other medical practitioners and staff at the Medical Centre;
Ethically and professionally enhances the quality and image of the services provided at the Medical Centre; and
Complies with the standards and policies of the Medical Centre.
Schedule 4 – Rights as a health professional:
The Medical Centre must not specify, direct or attempt to influence you in any way whatsoever as to:
The referral of patients to specialists or to other medical practitioners;
The use of ancillary medical services including, without limitation, pathology and diagnostic imaging services; or
The fees to be charged by you.
The Medical Centre acknowledges that you may exercise your own professional judgement and discretion at any time in respect to:
Any referrals of patients by you to specialists or to other medical practitioners including, without limitation:
The number, type and frequency of such referrals; and
The identity of the personnel to whom such referrals are made;
The use of ancillary medical services including, without limitation:
The type and frequency of the use of such services; and
The identity of the persons from whom such services are obtained.
However, you must diligently observe the lawful directions of the Medical Centre given at any time concerning the operation or management of the Medical Centre.
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