Starting A Business The Right Way

Starting a Business the Right Way

 

Starting a business is one of the biggest decisions that many people will ever make, so it is important to make sure it is done right.  Ensuring that all the proper paperwork and licenses are in place is important to ensure that there are no distractions or unexpected headaches that will distract you from actually running your business.

 

Alphabet Soup of Business Names

 

Businesses are often classified by the way in which they are legally organized under state law.  States allow businesses to operate in a variety of legal manners.  An old fashioned business model that is the “sole proprietor”.  This is historically common, but is going out of fashion as that form tied liability of the company directly to the owner, or the “proprietor”, so many business owners opt now for other business formations to avoid personal liability for business problems.

 

The other major traditional type of business is a corporation.  Corporations are generally required for large entities but smaller businesses also use this form as well.

 

Additionally, partnerships are a popular traditional business form.  In this form, a group of individuals jointly own a business and share equally in the profits and losses of the company.  Many partnerships have adopted a limited liability model to avoid personal liability, and are called “LLPs” for short.

 

A popular business form among smaller businesses is the Limited Liability Company or LLC.  This is often called a hybrid of the partnership and corporate model in that the LLC takes some of the more informal management procedures of a partnership and combines them with limited liability nature of the corporate form.

 

Determining the right type of business form for your business’ needs is a key decision that you need to make when you are forming your business.

 

Licensing Your Business

 

Licensing requirements vary significantly from locality to locality depending on your type of business.   It is key to obtain the appropriate license from any local tax office or licensing board in order to stay in compliance with legal requirements.

 

Filing the Right Documents

 

Each state and locality has its own rules about what businesses have to do to legally operate a business.  And those rules vary on the exact location of a business, the type of business (accountants have to follow vastly different rules than ice cream shops!), and the size of the business.

 

Researching information on your state  county, or city government’s website (be it Arizona, New York, or New Jersey), can be a helpful start to put you on the right track.  But, the information provided by the state or local government may not answer all of your questions or even lead to additional questions.

 

Contact a Knowledgeable Law Firm for Guidance

 

Creating and maintaining a business can be a daunting endeavor.  The experienced and dedicated attorneys at Callagy Law are ready to help answer your questions about forming a business or ensuring that your existing business is in compliance with the law.  Contact Callagy Law now for legal guidance.

 

 

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Starting A Business The Right Way

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

“When we truly need to do is often what we most feel like avoiding.” David Allen

Callagy Law | Quote of the Day

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

“Work hard, have fun and make history.” Jeff Bezos

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Callagy Law Persuades the Third Circuit to Set Precedent in ERISA Cases

For Immediate Release



Paramus, NJ – August 27, 2015



Callagy Law Persuades the Third Circuit to Set Precedent in ERISA Cases

In a precedent-setting victory, Callagy Law successfully argued that an ERISA plan administrator’s failure strictly to comply with a certain Department of Labor regulation results in annulling the plan’s contractual limitation on the period in which to bring a law suit in Federal Court.

Our client’s case was initially dismissed for filing his complaint after the plan’s one-year contractual limitation had run. But Callagy Law Counsel Matthew R. Major, Esq., persuaded the Third Circuit Court of Appeals that 29 C.F.R. § 2560.503-1(g)(1)(iv), a Department of Labor regulation governing the ERISA claims procedure process, “requires plan administrators to inform claimants of plan-imposed time limits for bringing civil actions in their adverse benefit determinations.” Clear and plain notice of the contractual time limit is necessary, Mr. Major argued, to effectuate ERISA’s remedial purpose in providing claimants with effective judicial review of such determinations.

Adopting  Mr. Major’s reasoning, the Third Circuit held, for the first time ever in this Circuit, that plan administrators must include such notice in adverse benefit determination letters “and that the appropriate remedy” for failing to do so “is to set aside the plan’s time limit and apply the limitations period from the most analogous state-law cause of action—here, New Jersey’s six-year deadline for breach of contract claims.”

For our client, that means his suit will now be able to go forward on its merits. For all future ERISA clients within the Third Circuit’s jurisdiction—Pennsylvania, Delaware, and New Jersey— that means that plan administrators can no longer “hide the ball and obstruct access to the courts.”

That’s a victory for everyone.

For a copy of the court’s opinion, please visit: http://www2.ca3.uscourts.gov/opinarch/133535p.pdf

With offices in New York, New Jersey, and Arizona, Callagy Law is a multi-faceted law firm committed to providing legal representation and advice to individuals, medical providers, and business owners.  For a full list of the firm’s practice areas, please click here. At Callagy Law, we are “Fundamentally changing the way people feel about lawyers, one client at a time.”

For more information about Callagy Law, visit our Website, Facebook, and Twitter.


Callagy Law, PC

inquiries@callagylaw.com

201.261.1700


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Callagy Law Persuades the Third Circuit to Set Precedent in ERISA Cases

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

“Your mind is for having ideas, not holding them.” David Allen

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Callagy Law | Quote of the Day

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“Simplicity boils down to two steps: Identify the essential. Eliminate the rest.” Leo Babauta

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Some Helpful Hints for Ancillary Service Providers

Automobile insurers often deny a medical provider’s claim under the NJ No Fault laws (PIP) on the ground that the service was not “medically necessary.”  This denial can take many forms.  For example, the explanation of benefits or EOB can state explicitly that reimbursement is denied for “lack of medical necessity,” or because of the result of a Medical Director Review (MDR) or Peer Advisory Review (PAR).  The denial could be the result of an IME (Independent medical Examination) or a determination that the patient reached Maximum Medical Improvement or MMI.  For the most part, all of these denials are for the same reason that is, the service, according to the carrier, was not medically necessary.

If and when this type of denial goes to arbitration, the clinical records become essential to the provider’s case.  It is the clinical records that will form the foundation of the medical necessity argument.  But if you are a provider other than the treating physician the records you have will rarely be sufficient.

For example, a surgery center normally will send with its bill the Operative Report.  This is necessary to support the fact that the surgery was performed and serves as a detailed description of the nature of the surgery.  The Operative Report, however, usually does not support the medical necessity of the surgery.  Similarly, the anesthesia record accompanying the bill of an anesthesiologist justifies the time and nature of the anesthesia, but does not add to whether the surgery was medically necessary.

The same is true of ancillary service providers of all medical disciplines.  A pharmacy will normally append the prescription to its bill.  Similarly, a DME (Durable Medical Equipment) provider, an imaging center or a lab will have clinical records supporting its provision of the service, but not necessarily documentation establishing the medical necessity of the underlying treatment.

It is the treating physician’s clinical records that are necessary for establishing the medical necessity of nearly all the medical treatment.  Hence, it is best for an ancillary service provider to obtain, when feasible, not simply the prescription from the treating physician, but any other clinical records the treating physician might have to justify the medical necessity of the ancillary service.  The medical notes from the office visit when the prescription was written would be helpful, or the medical notes leading to the MRI, for example, would likely provide all the justification necessary to support the medical necessity of the MRI.

Often the medical necessity of the ancillary provider’s services will rise or fall with the medical necessity of the treating physician’s services, and, accordingly, it is always safer for the ancillary service provider to obtain as much of the clinical record as possible from the treating physician.

 

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Some Helpful Hints for Ancillary Service Providers

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

“Why do anything unless it is going to be great?” Peter Block

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Callagy Law

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You can’t use up creativity.  The more you use, the more you have. –Maya Angelou

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“Understanding your employee’s perspective can go a long way towards increasing productivity and happiness.”–Kathryn Minshew

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Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

“If you spend too much time thinking about a thing, you’ll never get it done.”Bruce Lee

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Callagy Law

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If you look at what you have in life, you’ll always have more. If you look at what you don’t have in life, you’ll never have enough. –Oprah Winfrey

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Callagy Law | Quote of the Day

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“Amateurs sit and wait for inspiration, the rest of us just get up and go to work.”- Stephen King

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Callagy Law | Quote of the Day

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“Nothing is less productive than to make more efficient what should not be done at all.”- Peter Drucker

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Callagy Law | Quote of the Day

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When everything seems to be going against you, remember that the airplane takes off against the wind, not with it. –Henry Ford

Callagy Law | Quote of the Day

Callagy Law | Quote of the Day

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The least productive people are usually the ones who are most in favor of holding meetings. -Thomas Sowell

Callagy Law | Quote of the Day

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

If you spend too much time thinking about a thing, you’ll never get it done. -Bruce Lee

Callagy Law | Quote of the Day

Callagy Law | Quote of the Day

Build your own dreams, or someone else will hire you to build theirs. –Farrah Gray

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

Callagy Law | Quote of the Day

Callagy Law | Quote of the Day

Callagy Law’s quote of the day is a daily post to help all of our readers and followers get the motivation they need to get through the day, week, and month. You can see more on the Callagy Law blog page here.

It’s your place in the world; it’s your life. Go on and do all you can with it, and make it the life you want to live. –Mae Jemison

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