Staying Independent...Together

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   RE: logistics for starting a new practice
 From: Peter Liepmann
 To: Member Forum
 Posted: 06-21-2017 13:27
 Message: An accommodation address should work.  How would they know the difference?

RE S-Corp--what advantages do you see over partnership/sole prop with a SIMPLE IRA or SEP IRA?  Corporations offer no tax advantage, and no business advantage, and it complicates your life.  Lawyers like them, since they generate more fees for them.....

Employer liability?  A corp is no longer a shield:

"Expanded liability for wage and hour violations to individual owners, directors, officers, and managing agents via new Labor Code section 588.1.

In California, wage and hour rights are closely regulated by statute under the California Labor Code, which prescribes, among other things, such employment aspects as the payment of wages, minimum wage and overtime requirements, and meal and rest period requirements. Additionally, the now defunct Industrial Welfare Commission was empowered to formulate regulations, known as Wage Orders, governing employment in various industries and occupations. The California Division of Labor Standards Enforcement (DLSE), headed by the Labor Commissioner, is empowered to enforce California's labor laws. In addition, the Labor Code affords employees private rights of action against employers for wage and hour violations....
(There once was a 'corporate shield'..)

However, the "A Fair Day's Pay Act" amends the Labor Code and adds section 588.1, which expressly defines "employer or other person acting on behalf of an employer" to include a "natural person who is an owner, director, officer, or managing agent of the employer." As a result, an employee can now bring wage and hour claims against the corporate owners, directors, officers, or managing agents (e.g., department supervisors, payroll managers, human resources managers, other employees with the authority to transact on behalf of the business) who violate or cause to be violated various wage and hour laws in the Labor Code and name them as individual defendants in a lawsuit. Additionally, the new law amends other portions of the Labor Code, empowering the Labor Commissioner to investigate, hold hearings, and recover civil penalties and citations from individuals liable under new section 588.1. As a result, individual corporate defendants are no longer immunized from personal liability for wage and hour violations."

IMO, the general liability shield doesn't outweigh the expense and bother till you get much bigger.  (Never was a shield for malpractice liability.)
In CA, the corporate structure just doesn't offer much protection- which is a good thing, in my  opinion.  Why should businesses be allowed to abuse people with impunity?

Peter Liepmann MD FAAFP MBA
My mission is to fix US health care
Bakersfield CA
Original Message:
Sent: 06-16-2017 18:51
From: Anonymous Member
Subject: logistics for starting a new practice

This message was posted by a user wishing to remain anonymous

Hi All,

I have a question about the sequence of things to do:

I'm credentialed to an existing group, and I'll leave to create my own practice in 1.5 months. When I give them notice, I'll want to begin talking to insurance companies to change my address & tax ID.

However, I haven't formed a corporation yet, but I plan to start now.

The issue is that I am still in the process of leasing a place, so I don't know my business address.

I want to have my corporation's tax ID ready sooner so that I can start insurance re-credentialing sooner.

There is a way to just use my individual name as a sole proprietorship, but I think using a Professional Corporation with S-Corp election in California has its benefit.

My key question to you all is:

Will it work if I rent a UPS business mailbox, use that address to apply for a CA Professional Corporation? Then, later on when I get the lease, I reassign the business address to my leased office.

Will it work?-------------------------------------------
Original Message:
Sent: 01-20-2017 12:40
From: Marie Amina Aryan, NP-C
Subject: logistics for starting a new practice

Thanks for the imput!

Marie Amina Aryan
Lakewood CO
Original Message:
Sent: 01-19-2017 21:00
From: Amy Adkins-Dwivedi
Subject: logistics for starting a new practice

I started in WA on a shoestring also.  Used this group years ago to get great advise and guidance.  It took me about 40 hours in one week to sit down and walk thru everything with finding location, registeringthe business, and all the other stuff I had to do to apply to get contracts and stuff, but really it took about 3 months to finish it.

Amy Adkins-Dwivedi
Stepping Stone Pediatrics
Original Message:
Sent: 01-03-2017 23:42
From: IMP Guest
Subject: logistics for starting a new practice

Hello all,

Any advice for logistics in starting a new primary care practice (in Colorado)? I was referred to your group a few years ago by another NP.

How long does credentialing take (most of my patients are Medicaid)? I am assuming I need to start credentialing once I have a physical space-is this correct? Are virtual offices a good idea-and will I have issues with credentialing if I use a virtual office? Do you bill yourself (or hire a biller)? 

I also wanted to thank the group for your inclusivity, as we all want to provide excellent care to our patients.

Marie Amina Aryan, NP-C (aka "Guest" for this week)

IMP Guest

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