42 CFR 1001.952 (d) (2): “The agency agreement covers all services provided by the agent to the contracting entity for the duration of the agreement and defines the services to be provided by the agent.” 42 U.S.C. 1395nn(3) (A) (ii): “The agreement covers all services to be provided by the physician.” Unlike most other types of physician-employment, physicians who act as medical directors are compensated only for administrative services related to patient care. This is not to say that a medical director does not play a decisive role in the functioning of a health care provider. The New York State Department of Health recommends or requires that medical directors be set up for certain types of providers, and federal law also requires medical directors for certain types of services and facilities.  42 CFR 1001.952 (d) (5): “The total compensation paid to the agent during the term of the agreement is set in advance, in accordance with the fair value of arms-time transactions and is not determined in a manner that takes into account the volume or value of any references or transactions made between the parties for which payments may be made in whole or in part under Medicare , execution. Medicaid or other federal health programs. 42 U.S.C 1395n (3) (A) (v): “The compensation to be paid during the term of the agreement is set in advance, does not exceed fair value and . It is not determined in a way that takes into account the volume or value of referrals of other transactions generated between the parties.  42 CFR 1001.952 (d) (1): “The agency agreement is established in writing and signed by the parties.” 42 CFR 1001.952 (d) (4): “The duration of the agreement is at least one year.” 42 U.S.C 1395n (3) (A) (i): “The agreement is written, signed by the parties and defines the services covered by the agreement.” 42 U.S.C 1395n (e) (3) (A) (iv): “The duration of the agreement is at least one year.” While it is always best to consult an experienced professional before entering the medical director`s convention, compliance with the above criteria can offer protection to both the physician and the institution. This checklist does NOT cover all clauses that should be included in an agreement. Additional revisions or languages may be required depending on the following factors and the circumstances of each agreement.
I, the doctor who signed, represent that I meet the criteria of activity of medical director of the agency EMS and that I agree to exercise the functions of medical director of the agency EMS for the next agency EMS.  In the OIG Advisory Opinion No. 01-17 (2001), the OIG stated that, although the overall compensation for the contract was not set in advance, all the facts and circumstances, in the circumstances, lead to the conclusion that the risk of fraud and abuse did not increase significantly, but this finding is likely due to the existence of a monthly payment limit.