Medical Assistant Employment Contract: What It Must Cover

Objectives of an Employment Contract

1. Protect the Employer

A well formed employment contract will reduce the major sources of legal and operational liability associated with this job title. The agreement should anticipate the common areas of risk and clearly establish the employer's rights, protections, and expectations before a dispute or problem occurs. For the medical assistant role, those areas are listed in the key areas section below.

Example. If a medical assistant creates an injury or hazard and fails to report it, the employer can point to a clear contractual violation when taking disciplinary action.

2. Establish Clear Rules and Expectations

The contract should spell out the employee's duties, standards of conduct, and workplace requirements. The employee should be able to understand what is expected, what conduct is prohibited, and what may happen when those standards are not followed. Many companies have a low quality employee handbook or no handbook at all. Without one it is hard to show in court that you set clear rules for the job. A signed contract fills that gap.

Example. If the contract clearly requires accurate and timely patient records, there is less ambiguity about what is expected. If the employee repeatedly fails to meet that standard, the employer can point to a specific written obligation rather than an unwritten expectation.

3. Establish a Legally Sound Removal Process

When employers need to remove an employee, they need clear language and process around discipline, termination, notice, and documentation. Employeers should be able to point to the obligations, duties, and responsibilities in the employment contract that were the reason for the removal.

Example. If the medical assistant neglects a duty, or does not return on time from a break, and a patient is injured as a result, that would be grounds for termination.

Key Areas to Address in a Medical Assistant Employment Contract

• Maintaining Patient Confidentiality. If the employment contract does not say specifically that the employee will be handling sensitive patient information, and must maintain confidentiality and HIPAA, then the contract is incomplete, and puts the employer at risk.
• Limitations on Medical Practice. Medical assistants have legal limitations on what they can do, and if they go outside their duties, even with advice, that is a high risk to the employer. This should be addressed in the contract.
• Professional Certifications and Licenses. If the contract does not require the employee to keep certifications, licenses, and CPR credentials current, the contract is incomplete and puts the employer at risk if the assistant works without valid credentials.
• Maintenance of Medical Records. If the contract does not require accurate and timely patient records, the contract is incomplete and puts the employer at risk when records are missing, late, or wrong.
• Compliance with Healthcare Safety Protocols and Applicable Healthcare Regulations. If the contract does not require the employee to follow safety protocols and healthcare regulations, the contract is incomplete. Sharps, biohazards, and infection risks then sit on the employer with no written duty to point to.
• Accident, Incident, and Safety Reporting. If the contract does not require prompt reporting of accidents, incidents, and medical errors, the contract is incomplete and puts the employer at risk when something is hidden or delayed.
• Medical Quality Assurance and Patient Safety. If the contract does not require compliance with clinical protocols, infection prevention, and patient safety standards, the contract is incomplete and the employer has no written standard to enforce.
• Compliance with Medical Billing Practices. If the contract does not require accurate and lawful coding, billing, and charge documentation, the contract is incomplete and puts the employer at risk for billing errors and fraud allegations.
• Drug, Alcohol, and Substance Abuse Testing. If the contract does not address substance use, impairment reporting, and legally permitted testing, the contract is incomplete. Impairment in a patient care setting is a high risk to the employer and should be in the agreement.

Sample Medical Assistant Employment Contract Template (PDF)

This is a real 14 page medical assistant employment contract sample generated for New York. It is the preview version, so the longer clauses are shortened, but you can see the full structure, the clause headings, and how the job-specific and state-specific provisions are written. Scroll inside the viewer, or open the sample PDF in a new tab.

Open the medical assistant employment contract sample in a new tab | Download the sample (PDF, 14 pages)

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How Does ContractHulk Solve These Issues

ContractHulk provides employment contract templates that are specific to the job title and the state's laws. No other competitors do this, and it is vital.

To start, enter a detailed job description such as "Senior Front Desk Medical Assistant" or "Hospital Medical Nurse" and the system will generate a specific employment contract template.

When you buy, the download includes:

• The full employment contract as an editable Word document and a PDF, usually more than 10 pages
• A license agreement giving your business the right to use the contract
• An invoice for your records
• A short instruction guide on how to customize the template to each person

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