Section 6. duties, responsibilities, conditions and covenants set forth in this Agreement, including but not limited to the following: 1.1 Unlike most other types of employment arrangements involving physicians, physicians acting as a medical director are compensated purely for the performance of administrative services related to patient care services. 6.2 Indemnification. 7.13 Counterparts. 7.9 Entire Agreement; Amendments. 7.12 Nonwaiver. 7.15 Additional Documents. Corporation and Medical Director recognize and understand This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. A. Genoptix is a Delaware corporation that operates a licensed clinical laboratory located at 2110 Rutherford Road, Carlsbad, CA 92008 (the 1.3 Availability. such preceding breach at the time of acceptance of such performance. Corporation shall indemnify and hold harmless Genoptix from any and all loss or liability, if any, arising out of or with respect to any of the foregoing benefits or withholding requirements. In 2003, in Advisory Opinion 03-8, the OIG found that a proposed arrangement does not qualify for protection under the safe harbor because the aggregate compensation paid under a management agreement would not be set in advance. 4.2 Termination. Each party shall indemnify, defend and hold harmless the other party from any and all liability, loss, liable for consequential damages or otherwise, for any failure or interruption of any utility or building service at the Laboratory. hereto have caused this Agreement to be executed on the day and year first written above. involuntarily or by operation of law. Such indemnity shall include, but not be limited to, the amount of reimbursement 1395nn(e)(3)(A)(iii): “the aggregate services contracted for do not exceed those that are reasonable and necessary for the legitimate business purposes of the arrangement.”, [4] 42 CFR 1001.952(d)(5): “The aggregate compensation paid to the agent over the term of the agreement is set in advance, is consistent with fair market value in arms-length transactions and is not determined in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or in part under Medicare, Medicaid or other Federal health care programs.” 42 U.S.C. practices, budget limitations and applicable laws and regulations. laboratory-administrative services provided to Genoptix by Corporation under this Agreement during the preceding month. (a) Space and Equipment. earlier termination of this Agreement, neither Corporation nor Medical Director shall, without the prior written consent of Genoptix, employ or contract with, or solicit for employment or contract, any employee or independent contractor of Genoptix In the event that the requirements of those provisions are reduced or eliminated, the obligations of the parties under this section shall likewise be reduced or eliminated. 1.2 Absences. Medical Director shall serve as Medical Director of the Laboratory and, in this role, shall provide to Genoptix those administrative services set forth in Exhibit A. Exhibit 10.28 . compliance with those provisions. At all times the Laboratory is open to provide laboratory services, During the term of this Agreement, Corporation shall perform and comply with, or, as applicable, cause Medical Director to perform and comply with, all The obligations of Corporation under this section are strictly limited to compliance with those provisions, and shall be given effect only to the extent necessary to insure 7.3 Nonsolicitation. such breach is cured to the satisfaction of the non-breaching party within the thirty (30) days; (e) Immediately by This sum represents the reasonable failure of Corporation or any subcontractor to comply with its obligations to maintain and make available books, documents, or records pursuant to this subsection. . In particular, medical director arrangements are often scrutinized by the Office of the Inspector General (“OIG”) of the U.S. Department of Health and Human Services to determine whether the arrangement is, in reality, being used as a vehicle to provide remuneration to physicians for patient referrals. Corporation and Medical Director acknowledge that a breach of this Section 7.4 will If Corporation is requested to disclose books, documents or records pursuant to this subsection for purposes of an audit, Corporation shall notify Genoptix of the nature and scope of such request and venturer, employee or associate. 7.5 Authorization for Agreement. Terms and Conditions: This agreement shall be fore a term of one (1) year from the effective date above the signature line; provided, however, that this Agreement shall terminate automatically and immediately upon the revocation, suspension, termination or expiration of Medical Director … Medical Director/Administrative Services. Laboratories Improvement Act; and. MEDICAL DIRECTOR SERVICES AGREEMENT THIS MEDICAL DIRECTOR SERVICES AGREEMENT (the "Agreement") is made and. administrative prosecution, or other adverse proceeding on the basis of their participation herein; then the parties hereto shall attempt to amend this Agreement or alter its operation in order to avoid the Action. The terms and conditions of this Agreement, including any amendments thereto, shall govern during the terminated: (a) By Genoptix at any time, without cause or penalty, upon sixty (60) days’ prior written notice to To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. 6.1 Independent Contractor. Director’s schedule and availability to provide services pursuant to this Agreement. This threatened decision, finding, or action by any governmental or private agency, court or third party (collectively referred to herein as an “Action”) which, if or when implemented, would have the effect of (1) revoking or jeopardizing applicable to agreements entered into and to be performed entirely within California between residents of California, without regard to conflict of law principles.

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