The great majority of midlevel providers are employees. Most physicians now
become employees as they enter practice, and many of the older private
practices have been sold and their owners have also become employees.
Medical care practitioners may work for hospitals and clinics providing medical
services to the general public, in the medical departments of nonmedical
businesses providing occupational and general medical care to the other
employees, or in governmental institutions such as prisons and schools. They
are subject to the same rules as other professional employees. This means
that while the employer can set the general workplace rules, the employer
may not require medical care practitioner employees to violate the terms of
their license or to violate professional norms of practice.
While some physicians now work as employees of hospitals, most physicians
who practice at hospitals are independent contractors whose relationship with
the hospital is governed by the medical staff bylaws. The effect of this contract
is to ensure that the nonemployee physician is subject to the rules of the
institution. Many managed care companies use this same model for their
relationships with physicians. These contracts pose difficult legal issues. They
may impinge on the physician’s professional decision making and may limit the
patient’s right to information or alternative treatments. Since the physician is
not an employee, there are few protections available if the contract is
terminated because the physician is unwilling to comply with improper
practices.