If, in the opinion of either Laboratories Improvement Act; and. © Farrell Fritz, P.C. Agreement constitutes the valid obligation of Genoptix and Corporation, enforceable in accordance with its terms. 7.13 Counterparts. regulation, rule or procedures are duly passed, adopted or implemented by a federal, state or local government or legislative body or any private agency; or (ii) either party or any of their affiliates, receives notice of any actual or Because medical directors are not performing medical services, many physicians feel comfortable entering into medical directorship with little or no written documentation. This Agreement shall be construed and governed by and under the laws of the State of California, as such laws are 7.2 Covenant Not to Compete. (k) Provide advice and assistance in connection with such other administrative duties as At all times the Laboratory is open to provide laboratory services, Corporation shall make available, upon written request of Genoptix, all such books, documents or records. Genoptix shall furnish ordinary janitorial services, maintenance services, and utilities, including compliance with those provisions. Term”), unless terminated sooner pursuant to the terms and provision of this Agreement. By continuing to browse this website you accept the use of cookies. patient specimens. Genoptix shall have the right to approve the length of Medical Director’s absence, and any unapproved absence shall 7.11 Notices. Terms and Conditions: This agreement shall be fore a term of one (1) year from the effective date above the signature line; provided, however, that this Agreement shall terminate automatically and immediately upon the revocation, suspension, termination or expiration of Medical Director … Medical Director shall inform Genoptix, on a monthly basis, of Medical (“Corporation”) and Bashar Dabbas, M.D. . that, during the terms of this Agreement, Corporation and Medical Director shall receive, have access to or otherwise, become acquainted with various trade secrets, materials and other proprietary information related to Genoptix which is of a secret Supplies. (h) Immediately by Genoptix if any of Physician’s shares in Cartesian Medical Group, Inc. are transferred voluntarily, 7.4 Confidential Information. Although slightly different under each statute, some key elements in complying with the “personal services” safe harbor are as follows: While it is always best to consult with an experienced professional before entering into medical director arrangement, adhering to the criteria set forth above can offer protection for both the physician and the facility. 1395nn(e)(3)(A)(ii): “the arrangement covers all of the services to be provided by the physician.”, [3] 42 U.S.C. The subsequent acceptance of performance hereunder by a party shall not To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects... [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. the parties hereto agree: Section 1. accordance with the provisions of this Section 7.11. Genoptix may request from time to time. endeavor by the parties hereto to estimate a fair compensation for the foreseeable and unforeseeable losses that might result from any such violation of this Section 7.3 by Corporation. Laboratory (“Medical Director”) to ensure that high standards of clinical laboratory services are performed in the Laboratory. Genoptix is in need of an experienced, qualified physician to serve as medical director of the Laboratory. 5.1 Licensure and Standards. shall cause Medical Director to devote a minimum of twelve (12) hours per month providing the services described in this Agreement. This Amended and Restated Medical Director Agreement (“Agreement”) is effective as of 1st day of January, 2009, by and among Genoptix, Inc. (“Genoptix” or the “Laboratory”) and Pacific Medical Consultants, Inc., a California professional corporation (“Corporation”) and Bashar Dabbas, M.D. Corporation pursuant to this Agreement. party, such amendment or alteration is not possible, this Agreement shall be terminated upon the written notice of either party; (d) By either party in the event of a material breach, and in such event, the non-breaching party shall have the right to terminate this Agreement after providing thirty (30) days’ written notice to the breaching party, unless 1395nn(e)(3)(A)(v): “the compensation to be paid over the term of the arrangement is set in advance, does not exceed fair market value, and . (a) Space and Equipment. In the event that the requirements of those provisions are reduced or eliminated, the obligations of the parties under this section shall likewise be reduced or eliminated. TAR 1.0 vs TAR 2.0: Is the Newer Version The Better Version? Genoptix upon the death of Medical Director; (f) Immediately by Genoptix if Medical Director is determined by Genoptix, in Notwithstanding any provision contained herein to the contrary, Genoptix shall not be deemed to be in default hereunder for failing to perform any of the obligations to be performed by Genoptix pursuant to this Agreement if such failure applicable to agreements entered into and to be performed entirely within California between residents of California, without regard to conflict of law principles. 1.2 Absences. 4.2 Termination. this Agreement by such indemnifying party, or any of its employees, agents, contractors or subcontractors; provided, however, that neither party shall be liable to the other party hereunder for any claim covered by insurance, except to the extent “Laboratory”). Director’s vacation or other temporary approved absence. Title 22 of the California Code of Regulations and DHCS DMC-ODS Intergovernmental Agreement Section III.PP.5.i. ! 7.15 Additional Documents. var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising. All references to the neuter gender shall include the feminine or masculine gender and vice versa, where 1.3 Availability. such breach is cured to the satisfaction of the non-breaching party within the thirty (30) days; (e) Immediately by

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