headhunter charging me a fee for work?/start my own business

Hi everyone, I've been doing some private duty nursing per diem in plastic surgery. I love it however the RN who found me this position charges me a fee and the employer. I get a 1099 on my base pay. In other words, I am paying her taxes. She is not a legitimate business, and only wants my fee to her written out to cash. Is that even legal? I would love to start my own private duty, business but am not sure how to go about it. Any suggestions.Thanks