What is the name of your state (only U.S. law)? California
I work in a small day health facility where payments are received for patients attending through a MediCal HMO. Part of the services provided to the day patients, who are elderly and/or disabled, is transportation from their home to the facility and back home again. Most patients do not need wheelchair vans, and a medical transportation company provides these services to a few patients who are in wheelchairs.
For the rest of the patients, "independent contractor" drivers transport the patients to and from facility. They sign an IC agreement, are required to have auto insurance (just the standard personal liability insurance) and a driver's license. The company I work for does not check other things, such as their DMV driving record, criminal background, etc, although they would do this for employee drivers.
I think this is a potential disaster waiting to happen if there were ever an accident. First of all, these IC drivers are not technically independent contractors. They are required to pick up X number of people by a certain time and get them transported home at a certain time up to 5 days a week. They do not have the correct business or commercial auto insurance. None of these drivers have any business license, nor are they set up as a corporation. Some of them have as little as 15K/30K liability personal auto insurance, no business license, and transport up to six patients at a time. No quality control exists as to the condition of the vehicles.
I know this cannot be right, but the attitude of the owner is that, oh well, they are independent contractors, if anything happens to the patients it is the drivers' responsibility, not ours. I am not so sure about this. I have suggested that this could be a liability to the day center if there were any injuries to the patients in transport.
Would appreciate any clarification about this.
I work in a small day health facility where payments are received for patients attending through a MediCal HMO. Part of the services provided to the day patients, who are elderly and/or disabled, is transportation from their home to the facility and back home again. Most patients do not need wheelchair vans, and a medical transportation company provides these services to a few patients who are in wheelchairs.
For the rest of the patients, "independent contractor" drivers transport the patients to and from facility. They sign an IC agreement, are required to have auto insurance (just the standard personal liability insurance) and a driver's license. The company I work for does not check other things, such as their DMV driving record, criminal background, etc, although they would do this for employee drivers.
I think this is a potential disaster waiting to happen if there were ever an accident. First of all, these IC drivers are not technically independent contractors. They are required to pick up X number of people by a certain time and get them transported home at a certain time up to 5 days a week. They do not have the correct business or commercial auto insurance. None of these drivers have any business license, nor are they set up as a corporation. Some of them have as little as 15K/30K liability personal auto insurance, no business license, and transport up to six patients at a time. No quality control exists as to the condition of the vehicles.
I know this cannot be right, but the attitude of the owner is that, oh well, they are independent contractors, if anything happens to the patients it is the drivers' responsibility, not ours. I am not so sure about this. I have suggested that this could be a liability to the day center if there were any injuries to the patients in transport.
Would appreciate any clarification about this.