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Healthcare Locums Terms Agreement

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HEALTHCARE LOCUMS TERMS AGREEMENT

This Healthcare Locums Terms Agreement (Agreement) is entered into as of by and between Facility Name: and Locum Clinician: .

Parties and Contact Information

Clinician Credentials & Licensure

Engagement, Scope, and Term

Facility engages Clinician to provide temporary professional clinical services as a locum tenens practitioner at Facility locations specified by Facility. The initial assignment begins on and is expected to continue through unless earlier terminated in accordance with this Agreement.

Compensation, Billing, and Expenses

Professional Standards, Insurance and Credentialing

Clinician represents and warrants that Clinician is duly licensed, certified, and privileged to perform the services described herein. Clinician shall maintain professional liability insurance with minimum limits of and shall provide certificates of insurance prior to the commencement of services and upon renewal.

Facility is responsible for initiating and completing any required facility credentialing, privileging, and orientation. Clinician shall cooperate fully and deliver requested documentation, including current license, DEA, controlled-substance registration where applicable, board certification, malpractice declarations, and background check authorizations.

Confidentiality, HIPAA, and PHI

Clinician shall comply with all federal and state laws governing the protection of protected health information and Facility policies, including but not limited to requirements to use, disclose and safeguard PHI only as permitted for treatment, payment and health care operations or as otherwise expressly authorized by Facility. Clinician acknowledges receipt of any applicable facility privacy policies and agrees to complete required HIPAA training prior to providing services.

HIPAA Acknowledgment: Clinician affirms understanding of HIPAA obligations and agrees to protect PHI in accordance with law and Facility policies.

Background Checks, Drug Screening, and Compliance

As a condition precedent to providing services, Clinician authorizes Facility to obtain or verify background checks, credentialing verification, and drug screening. Clinician must notify Facility immediately of any change in licensure status, disciplinary action, criminal charges, or license restrictions.

Clinician authorizes background and credential verification.
Clinician agrees to submit to drug screening as requested by Facility.

Independent Contractor; Taxes and Benefits

Clinician is engaged as an independent contractor. Clinician is solely responsible for all federal, state and local taxes arising from payments hereunder and shall not be treated as an employee of Facility for any purpose. Clinician is not entitled to employee benefits from Facility.

Indemnification and Liability

Each party agrees to indemnify, defend and hold harmless the other party and its officers, directors and employees from and against claims, liabilities, losses or expenses arising out of the indemnifying party's negligent acts or omissions, willful misconduct, or breach of this Agreement. Nothing in this Agreement will be construed to limit a party's liability for gross negligence or intentional misconduct.

Termination

This Agreement may be terminated by either party for convenience upon days' written notice, or immediately for material breach or loss of licensure. Obligations and provisions that by their nature survive termination shall survive.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of law rules. Unless otherwise agreed in writing, disputes shall be resolved in the courts located in the jurisdiction specified above.

Notices

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth below or to such other address as a party may designate by notice in accordance with this section.

Miscellaneous Provisions

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations and understandings. Any amendment must be in writing and signed by authorized representatives of both parties. If any provision is held invalid, the remainder shall remain in full force and effect.

Facility:

By:

Date:

Locum Clinician:

By:

Date:

Enter text✕

What the Healthcare Locums Terms Agreement Is

A Healthcare Locums Terms Agreement is a written contract between a temporary healthcare professional (the locum) or staffing agency and a healthcare facility that sets the terms of a temporary assignment. It defines scope of services, clinical privileges, shift schedules, compensation and billing, licensing and credentialing expectations, malpractice and general liability insurance requirements, confidentiality and HIPAA compliance, tax and payment terms, termination rights, and dispute resolution. The agreement also states which party is responsible for credentialing, orientation, background checks, and timely submission of timesheets and invoices.

Why a Clear Locums Agreement Matters

A precise agreement reduces operational risk by documenting responsibilities, payment terms, credentialing timing, and compliance obligations under HIPAA and professional licensing rules.

Why a Clear Locums Agreement Matters

Who Typically Completes This Agreement

Each signer should confirm licensing, insurance limits, and payroll or independent-contractor status before execution.

  • Locum clinicians: physicians, nurse practitioners, physician assistants, anesthetists, and allied health professionals who provide temporary coverage.
  • Staffing agencies: organizations that place clinicians and coordinate credentialing, scheduling, and invoicing with facilities.
  • Healthcare facilities: hospitals, clinics, long-term care, and emergency departments that engage temporary clinicians for coverage.

Core Sections to Include in the Agreement

A professional Healthcare Locums Terms Agreement organizes obligations into discrete sections so both parties understand expectations, compliance duties, and remedies.

Engagement Scope

Specify clinical duties, facility location, hours per shift, on-call obligations, and reporting relationships to avoid scope creep and credentialing disputes.

Compensation

Detail hourly/daily rates, overtime or premium pay, invoicing cycle, payment terms, and who pays travel, lodging, and fringe expenses.

Licensure & Credentials

Require current state license, DEA/controlled-substance registration if applicable, board certifications, and timeline for primary source verification by credentialing office.

Liability & Insurance

List required malpractice limits, tail or occurrence coverage, named insureds, and proof-of-insurance deadlines to protect both parties.

Compliance & Privacy

Include HIPAA obligations, BAA requirement for PHI handling, confidentiality clauses, and reporting processes for breaches or adverse events.

Termination & Disputes

Set notice periods, immediate-termination triggers (licensure loss, criminal charge), dispute resolution method, and governing law selection.

Essential Compliance and Security Items

HIPAA BAA: BAA required for PHI handling
ESIGN / UETA: Electronic signatures enforceable
Encryption: TLS 1.2/1.3 in transit
Audit Trail: Timestamps and signer attribution
Access Controls: Role-based user access
Retention Policy: Secure, auditable document storage

Step-by-Step: Completing and Executing the Agreement

Follow this sequential process to prepare, verify, and finalize the agreement with minimal delays.

  • 01
    Prepare Documents: Gather license, NPI, CV, malpractice certificate.
  • 02
    Verify Credentials: Primary-source verify licensure and board status.
  • 03
    Agree Terms: Negotiate pay, scope, insurance limits.
  • 04
    Execute & Store: Sign electronically, distribute copies, archive securely.

Setting Up an Electronic Workflow

Configure fields and authentication to match compliance needs and the parties’ signing preferences.

Field Configuration
Authentication Method Email link, SMS code, or KBA
Signature Order Sequential or parallel signing
Conditional Fields Show fields based on role or answers
Auto Reminders Set periodic reminder schedule

Where to Send the Executed Agreement

Route signed copies to the parties and to internal teams that require the record for payroll, credentialing, or compliance.

  • Staffing Agency: Retain copy for placement and invoicing records.
  • Facility HR/Credentialing: Store in provider file for privileging.
  • Payroll / Accounts Payable: Send invoices and signed rate terms here.
  • Clinical Department: Notify supervising department and add to scheduling.

Technical Options for Distribution and Signing

Ensure the vendor offers a BAA for HIPAA, audit logs for ESIGN compliance, and secure storage with AES-256 encryption.

  • File Formats: PDF and DOCX supported
  • Integrations: CRM, HRIS, and cloud storage
  • Authentication: Email, SMS, and stronger options

Key Deadlines and Timing Expectations

Track credentialing lead times and administrative deadlines early to avoid coverage gaps or payment delays.

Credentialing Lead Time:

Allow 30–90 days for primary source verification

License Expiration:

Renew before expiration date to avoid suspension

Timesheet Submission:

Submit by payroll cutoff to ensure timely pay

W-9 / Tax Info:

Provide W-9 upon payer request; no fixed federal deadline

Start Date Confirmation:

Confirm availability and clearances before first shift

Common Mistakes to Avoid

  • Submitting incorrect license numbers or expired credentials, which halts credentialing and prevents facility access.
  • Failing to attach required insurance certificates or naming the facility as additional insured when contract requires it.
  • Using unsigned or mismatched signature blocks that invalidate acceptance or trigger duplicate compensations.
  • Neglecting HIPAA BAA execution when PHI access is needed, increasing breach liability and regulatory exposure.

Principal Risks and Potential Penalties

I-9 Penalties: Civil fines $281–$2,789 per violation
Backup Withholding: 24% withholding for missing TIN
HIPAA Fines: Civil/criminal penalties for PHI breaches
Credentialing Delays: Loss of coverage or cancelled shifts
Insurance Gaps: Personal exposure for malpractice claims
Contract Disputes: Costly arbitration or litigation

eSignature Pricing and Feature Snapshot

Compare typical starting prices and basic capabilities for commonly used eSignature providers; signNow is listed first per platform conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes Varies by plan Varies by plan

Frequently Asked Questions

Answers to common questions about enforceability, HIPAA, notarization, tax forms, retention, and termination for locum agreements.


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