THE GROUP
PHYSICIAN SHALL ACTIVELY AND DILIGENTLY PURSUE COMPLETION OF THIS PROCESS
THROUGHOUT THE TERM OF THIS AGREEMENT AND EXERCISE HIS OR HER BEST EFFORTS TO
COMPLETE THIS PROCESS AND BECOME BOARD CERTIFIED AT THE EARLIEST DATE REASONABLY
POSSIBLE.
GROUP HEREBY REPRESENTS THAT ALL GROUP PHYSICIANS PROVIDING
PROFESSIONAL SERVICES AS OF THE DATE OF THIS AGREEMENT ARE BOARD CERTIFIED.
1.4
STAFFING.
GROUP SHALL ENSURE STAFFING BY SUCH
QUALIFIED GROUP PHYSICIANS AS DETERMINED NECESSARY BY GROUP, IN ITS SOLE
REASONABLE DISCRETION, TO PROVIDE THE SERVICES.
THE PARTIES SHALL ADJUST THE
PROFESSIONAL SERVICES FEE TO REFLECT ANY CHANGES IN STAFFING LEVELS OF GROUP
PHYSICIANS.
GROUP SHALL CONSIDER ADJUSTMENTS TO STAFFING LEVELS AND/OR STAFFING
PATTERNS, AS REQUESTED BY LAB FROM TIME TO TIME, BUT THE FINAL AUTHORITY WITH
RESPECT TO ALL STAFFING LEVELS AND STAFFING PATTERNS SHALL BE MADE SOLELY BY
GROUP IN ITS REASONABLE DISCRETION.
1.5
PERFORMANCE STANDARDS.
GROUP AND EACH GROUP
PHYSICIAN SHALL, AS APPLICABLE
(A)
COMPLY WITH ALL POLICIES, RULES AND
REGULATIONS OF LAB TO THE EXTENT THAT THESE DO NO INTERFERE WITH THE MEDICAL
DECISION-MAKING PROCESSES OF GROUP AND EACH GROUP PHYSICIAN;
(B)
PARTICIPATE IN CONTINUING EDUCATION AS
NECESSARY TO MAINTAIN LICENSURE, PROFESSIONAL COMPETENCE AND SKILLS COMMENSURATE
WITH THE STANDARDS OF THE MEDICAL COMMUNITY AND AS OTHERWISE REQUIRED BY THE
MEDICAL PROFESSION; AND
(C)
COMPLY WITH ALL APPLICABLE STANDARDS AND
RECOMMENDATIONS OF THE JOINT COMMISSION OR OTHER APPLICABLE ACCREDITATION AND
REGULATORY BODIES.
1.6
NOTIFICATION OF CERTAIN EVENTS.
GROUP SHALL
NOTIFY LAB IN WRITING WITHIN TWENTY-FOUR (24) HOURS AFTER GROUP OR ANY GROUP
PHYSICIAN IS DEBARRED, SUSPENDED, EXCLUDED OR OTHERWISE INELIGIBLE TO
PARTICIPATE IN ANY FEDERAL OR STATE HEALTH CARE PROGRAM.
1.7
PATIENT REPORTS.
GROUP SHALL PREPARE AND
DELIVER TO LAB FOR SAFEKEEPING A COMPLETE REPORT FOR EACH PATIENT WHICH COMPLIES
BOTH AS TO FORM AND TIMELINESS WITH THE ESTABLISHED REQUIREMENTS OF LAB.
GROUP
AND LAB SHALL COOPERATE MUTUALLY IN THE COMPLETION OF CLAIM FORMS AS MAY BE
REQUIRED BY INSURANCE CARRIERS OR OTHERS RESPONSIBLE FOR REIMBURSEMENT.
1.8
SOLE AUTHORITY TO PROVIDE THE SERVICES.
NOTWITHSTANDING ANY PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, GROUP AND THE
GROUP PHYSICIANS, ALL OF WHOM ARE LICENSED PHYSICIANS, SHALL HAVE THE SOLE AND
EXCLUSIVE AUTHORITY AND CONTROL OVER ALL ASPECTS OF THE SERVICES AND ANY OTHER
MEDICAL OR HEALTHCARE SERVICES THAT MAY BE PERFORMED BY GROUP AND THAT ARE
REQUIRED BY APPLICABLE LAWS OR GOVERNMENT REGULATIONS TO BE PERFORMED OR MADE BY
A LICENSED PHYSICIAN.
ANY DELEGATION OF AUTHORITY TO CLARIENT PURSUANT TO THIS
AGREEMENT, OR OTHERWISE, THAT WOULD REQUIRE OR PERMIT CLARIENT TO ENGAGE IN THE
PRACTICE OF MEDICINE IN ANY JURISDICTION SHALL BE PROHIBITED AND DEEMED
INEFFECTIVE, AND GROUP AND THE GROUP PHYSICIANS SHALL HAVE THE SOLE AUTHORITY
WITH RESPECT TO SUCH MATTERS.
THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT
THE TERMS OF ANY PAYOR AGREEMENTS OR OTHER SERVICES AGREEMENTS ENTERED INTO BY
LAB OR CLARIENT THAT AFFECT THE MEDICAL DECISION-MAKING PROCESSES OR THE
PRACTICE OF MEDICINE BY GROUP OR ANY GROUP PHYSICIANS SHALL BE SUBJECT TO THE
REVIEW AND FINAL
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