Ji victim, hadron and others

lalalala

Registered Users (C)
hi guys ,can u give me advice on how to open up a corporation in MUA after three years of waiver job in HPSA area, who forms a part of corp , is it wife or can it be others, what is the minimum requirement what steps need to be taken in advance (things i can start on even before the three years are over
thanks for the input
 
There is an accountant by the screen-nick of 'unitednations' in one of the I140 forums, he would be the expert to advise in these matters. There are also some posts in the 'opening a business in the US' category.

From what I understand there are a couple of business forms suitable for a physician practice.

Single proprietor --> no corp at all. You essentially have the insurance companies remit payments into a personal business account. Easiest to set up. NO asset protection (if an employee sues you for harassment, your personal home is on the line). Tax wise simple.

INC. --> regular stock based corporation. You need to hold stockholders meetings, keep minutes etc. Has double taxation issues unless you have a GC or citizenship (

P.C. --> professional corporation. Stock based corp with only physicians as stockholders. Usually costs more money to open and maintain (e.g. state franchise taxes). Most common corp form for small practices. I believe you have a double taxation problem (profit taxed at the corp level and once you receive it as 'profit distribution')

L.L.C. --> limited liability corporation. Some states allow you to use this for medical practice, some don't. The 'limited liability' only extends to your general business liability, e.g. your practice going broke or beeing sued by someone hit on the head by an icicle. It doesn't insulate you from malpractice claims (no corporate structure does, that only applies to lawyers).


I think the key questions you have to answer for yourself before embarking in the adventure of setting a practice are:

- do you really think you can make it in this location. It is MUA for a reason.
- what is your current billing/collection volume. After accounting for overhead, would you be able to put food on the table ?
- are you able to raise enough capital (own or bank) to cover 3-6 months of practice expenses before you receive the first cent into your collections account ?
- what is the payor mix. Will you see anything else but deadbeats and medicaid ? The practice you are with right now might have some subsidies to make do, will you have a way to tap into the same revenue stream?
- do you already have billing numbers with the major payors in your area through your current practice ?
- Independent practice association (IPA). Will you be able to become a member of the one your current practice is with (giving you access to certain HMO and PPO contracts).
- how will you set up your payment scale
- if you are working on a NIW, I believe you have to offer a sliding scale discount for low-income customers.
- real estate. rent or lease.
- equipment. what specialty are you in. In peds, all you need is two exam tables and an otoscope to set up shop. If not, there are used equipment vendors out there. If you have lots of time before opening your practice (and some storage space), you can shop around and pick up some deals on the stuff you need.
- access to a hospital. Are you in a specialty that requires hospital priviledges. Is your current employer in a position to block you from staying on staff (e.g. by sitting on the credentialing committee). Usually, people get booted out in this situation through the locals ganging up on you and denying you entry into their call pool. Without hospital priviledges, you can't be on certain third party payor plans, even if you don't admit any patients.
- administration/billing. Will you try to set up everything yourself or do you go with one of the management companies. There are commercial outfits like 'PerSe' that set you up with things like electronic medical records/billing systems on a 'application service provider basis'. All you need to provide is the front desk girl who can swipe the patients medicare card through the card reader and type in the current address (overly simplified of course).
- insurance: malpractice, general business liability, supervisors liability..... It is nauseating.
 
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hadron thanks

thanks for your reply, in this age of HMO its always tricky whether to open own practice or not
1. do you or anyone knows which type better for jacksonville , florida ( does florida allow LLC )
2.i am not sure if just me and wife as stockholder will be okay and how it would be possible to chanelize money to show income coming to me for the visa purpose/ i am mentally ready to bear taking nothing home but just cover my costs for first 6 months
 
> do you or anyone knows which type better for jacksonville , florida
> ( does florida allow LLC )

Look at the suffixes of local physicians offices in the yellow pages.
In every state, there are a couple of attorneys working on physician practice laws and incorporation. I believe the AMA has a referral service. Everything people will tell you here has only hearsay quality. If you cough up a couple of 100 $$, you can get expert advice on how to incorporate your practice. (just walking to lunch, one of my fellow residents told me that he incorporated in FL today, as 'inc' in order to write off expenses he incurrs while moonlighting)

> 2.i am not sure if just me and wife as stockholder will be okay and how
> it would be possible to chanelize money to show income coming to me

If your wife is also a physician she can be a stockholder in a P.C. I don't know how it works for other corporate forms.
 
can single prop/PC or LLC sponser me for green card( via PERM , i know they have strict guidelines ) .
well i am thinking that if my wife starts or one of family starts corp in couple of months and then the corp sponsers me for green card
i have another 1.3 years left from my 3 year waiver job
 
> single prop

can't

> PC or LLC

can

> ( via PERM , i know they have strict guidelines ) .

I haven't looked into the PERM thing too deeply. But it looks like it is more geared towards larger companies.

> well i am thinking that if my wife starts or one of family starts corp
> in couple of months and then the corp sponsers me for green card

There are problems if you or an immediate relative own a substantial interest in the corporation that applies for a labor cert or I140. The idea is to test the labor market whether there is an american to fill that job, it assumes that that job is open to everyone who applies. If you or your wife own the sponsoring corp, they can argue that the job wouldn't really be available to anybody else.
I do know someone who bought an office, but had a contractual agreement to keep the previous owner on board until all the paperwork is through.

>i have another 1.3 years left from my 3 year waiver job

Do you already have a NIW pending (are your primary care) ? For NIW you don't actually need to have an incorporated practice. As long as you can proove full-time practice, you are fine. Your 3 years in the waiver job would count, so it would 'only' take 2 more years + their processing time to get a GC. But of course, if you could change to a LC based GC on day 1 after the waiver ends, it would kind of sweet.
 
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I do know someone who bought an office, but had a contractual agreement to keep the previous owner on board until all the paperwork is through.

--> Could you please clarify... was he part owners on the papers or it was in old owner's name. Somewhere in this forum I read ownership is less than 5% for I140 process.

Thank you,
 
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