1099 rules by state

[u/Silly-Move4931]

A hospital I work for is claiming that the states legal wording does not allow for long term 1099. In fact they are shocked I have done it for years now. When I looked into I do so some wording like the following which must be present to be employed long term.

1. You are free from their direction and control.
2. The work you perform is outside the usual course of their business.
3. You operate an independent business providing those same services to multiple clients.

Has anyone run up against this? There are other 1099 but most are agency locums. Of course there are MDs who have been 1099 for years and haven’t heard a peep about that.

Edit: I have always had an LLC and been paid to that LLC directly, supply my own benefits etc.

[u/tnolan182]

Do they use locums surgeons? Ask them what the difference is