Could a practice hire a locum tenens physician to cover for the regular physician on their weekly days off?
This situation does not match the locum tenens provision. The locum tenens arrangement is distinct from a temporary coverage situation, when one physician fills in for another for brief periods of time, such as after hours, weekends, vacations, and the like. Generally, the locum tenens physician has temporary contractor status. The arrangement cannot be a permanent employment situation in which the substitute “rotates” by covering for physicians on their weekly days off. This, in effect would constitute permanent employment and the application of the locum tenens rules in scenarios for which they were not designed. Whereas a provider’s days off are a regularly recurring event without limit, the need for a “fill-in” physician exceeds the 60 day limit inherent to locum tenens. Therefore, a practice could not hire a “fill-in” physician to cover other doctors’ days off and bill the services under the locum tenens provision.
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