Author Topic: Pricing your billing service  (Read 5888 times)

PMRNC

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Re: Pricing your billing service
« Reply #15 on: May 19, 2015, 02:52:26 PM »
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And herein lies the issue. It's ALL about interpretation. As the above states, an "employee" or "associate in a professional firm or corporation" are exempt.

This is where going to school to learn contract law really helped.  LEGAL verbiage is confusing..there is NO doubt about that nor will you get me to argue that.. however I've highlighted the part you missed.

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Permitting any person to share in the fees for professional services, other than: a partner, employee, associate in a professional firm or corporation, professional subcontractor or consultant authorized to practice medicine, or a legally authorized trainee practicing under the supervision of a licensee.

Amazing what a few words can do to a legal contract or law.
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

Rclausing

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Re: Pricing your billing service
« Reply #16 on: May 19, 2015, 02:57:16 PM »
I didn't miss that part. It's just a list. One entity cannot be all of those things, just one or two. The part you may have missed are the OR's.

PMRNC

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Re: Pricing your billing service
« Reply #17 on: May 19, 2015, 03:06:26 PM »
I assure you I didnt MISS anything since I've been in close contact with several attorney's in NY State.

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One entity cannot be all of those things,

other than: a partner, employee, associate in a professional firm or corporation, professional subcontractor or consultant authorized to practice medicine, or a legally authorized trainee practicing under the supervision of a licensee.

MY billing company would NOT be any of those things and I'm not authorized to practice medicine.

We can can go round and round on this.. and bottom line is that I really do NOT care which billing companies adhere to this or care for their clients.. I only know I'll be there for when a physician in my state needs a billing company to educate them and protect them at the same time. And.. I'll get paid for every bit of work I do while I do it.
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

Rclausing

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Re: Pricing your billing service
« Reply #18 on: May 19, 2015, 04:33:19 PM »
You sure seem awfully defensive. I'm not saying "I'm right and you're wrong," since only a court of law would be able to determine that. I think it's fantastic that you have a close relationship with local attorneys... I too have spoken to local attorneys, but that doesn't add any legal weight to my opinion, educated as it might be. I would strongly urge due jurisprudence to anyone in our position. I think you missed my point entirely. So, I will just sign off on this convo...

PMRNC

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Re: Pricing your billing service
« Reply #19 on: May 19, 2015, 05:02:39 PM »
I'm not defensive at all. For all those that choose to "ignore" or "do what everyone else is doing" I gain a client. So I'm not really defensive at all. I also get paid for EVERYTHING I do.. so why would I be defensive? Those IGNORING the fee-splitting rules are just opening themselves up to companies like mine who can swoop in, educate and take over.
« Last Edit: May 19, 2015, 05:07:31 PM by PMRNC »
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

RichardP

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Re: Pricing your billing service
« Reply #20 on: May 19, 2015, 07:06:43 PM »
Linda, can you clarify how you are interpreting that legal clause for me.  That is all I want.  I'm not intending to argue one side or the other.

My reading is that the authorized to practice medicine part is tied only to the professional subcontractor or consultant part - as that entire phrase is bounded by commas: the entity known as a [professional subcontractor or consultant authorized to practice medicine] - as distinguished from the other entities described in the list.

My reading is that the authorized to practice medicine part does not modify in any way the partner, employee, [or] associate in a professional firm or corporation parts.

QUESTION:  I assume you have an EIN from the IRS??  If you do, and for those who do, are you and they not considered professional firms?

Also - the share in phrase throws me.  In legal language, that phrase is usually used separately and distinctly from the term earned.  As in, the earnings from all 5 partners are thrown into the pot and each partner receives a share of the total (shares in), based on some predetermined formula.  In such a situation, the partner's compensation is based on something other than what he actually earned.

QUESTION:  In legal language, and based on the example I gave, earnings are quite often distinguished from shares in or sharing in.  Do you know for certain that this distinction does not hold in the legal language you have quoted here?

Again, just looking for clarification - not an argument.  I know you are not a lawyer, so I understand that you may not know for certain.

PMRNC

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Re: Pricing your billing service
« Reply #21 on: May 19, 2015, 07:44:47 PM »
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My reading is that the authorized to practice medicine part does not modify in any way the partner, employee, [or] associate in a professional firm or corporation parts.

I'm really not understanding what your asking.. Again..this is what it says: other than: a partner, employee, associate in a professional firm or corporation, professional subcontractor or consultant authorized to practice medicine, or a legally authorized trainee practicing under the supervision of a licensee.

I'm going to bow out and refer you to a few legal authorities on the matter.. for me it doesn't matter what you charge, how you charge, I don't care.. I'm MORE than happy to gain the business of the billing companies with little to no regard for there potential clients legal liabilities.   Here are the legal entities to which I will refer you to for better real understanding of the law:

http://www.lilesparker.com/
http://michaelhcohen.com/
http://www.wachler.com/
https://www.myazbar.org/AZAttorney/PDF_Articles/1105Ethics.pdf
http://www.drlaw.com/?gclid=CM-C5qiLz8UCFc4kgQodKDAAPA


So charge what you want, and how you want..maybe you could throw us a bone and let us know what state and what provider your doing a % on and then us reputable billing companies can come in and take the account.

And hey.. don't bother to get an attorney.. it would seem counter productive to go against legal advice.
Linda Walker
Practice Managers Resource & Networking Community
One Stop Resources, Education and Networking for Medical Billers
www.billerswebsite.com

Rclausing

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Re: Pricing your billing service
« Reply #22 on: May 19, 2015, 08:00:55 PM »
Linda, can you clarify how you are interpreting that legal clause for me.  That is all I want.  I'm not intending to argue one side or the other.

My reading is that the authorized to practice medicine part is tied only to the professional subcontractor or consultant part - as that entire phrase is bounded by commas: the entity known as a [professional subcontractor or consultant authorized to practice medicine] - as distinguished from the other entities described in the list.

My reading is that the authorized to practice medicine part does not modify in any way the partner, employee, [or] associate in a professional firm or corporation parts.

QUESTION:  I assume you have an EIN from the IRS??  If you do, and for those who do, are you and they not considered professional firms?

Also - the share in phrase throws me.  In legal language, that phrase is usually used separately and distinctly from the term earned.  As in, the earnings from all 5 partners are thrown into the pot and each partner receives a share of the total (shares in), based on some predetermined formula.  In such a situation, the partner's compensation is based on something other than what he actually earned.

QUESTION:  In legal language, and based on the example I gave, earnings are quite often distinguished from shares in or sharing in.  Do you know for certain that this distinction does not hold in the legal language you have quoted here?

Again, just looking for clarification - not an argument.  I know you are not a lawyer, so I understand that you may not know for certain.

I'm totally with you on this. Exactly where I was coming from.

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I'm MORE than happy to gain the business of the billing companies with little to no regard for there potential clients legal liabilities.
This is just over the top, and rude to infer such a thing.