Does Dr need to make 401(k) plan contributions to hospital employees eligible for 403(b)?

[Combo Program Specialist]

A doctor has a few people working in his office at a hospital who are paid by the hospital and have access to a 403(b) plan with the hospital, of which at least one employee contributes. The doctor operates under his own business entity and does not have any direct employees paid by that entity. The doctor also maintains a 401(k) Profit Sharing Plan and Defined Benefit Plan sponsored by his entity.

Does the doctor need to make contributions to the people who work in his office, if he accrues benefits in and contributes to both plans? I believe they qualify as employees under the common law definition but I'm not clear on the effect of their eligibility for the 403(b). Also not sure if I am asking the right questions?

Any opinions from this community are greatly appreciated.

[Griswold]

It depends on what the 401(k) plan documents say. For e.g., they might exclude people who are covered under the hospital's 403(b) plan.

[Combo Program Specialist]

It depends on what the 401(k) plan documents say. For e.g., they might exclude people who are covered under the hospital's 403(b) plan.

I suppose my question is actually whether or not they can be excluded from the non-discrimination testing - are they considered employees of the hospital if they are eligible for the 403(b), and if so, does that indicate the Dr is not their employer?