First of all, this is not legal advice, it is practical advice. If you want me to review a specific contract, let me know! Before you do, however, take these thoughts into consideration. Lawyers and dispute resolution get expensive very quickly. Knowing your options can save time and money.
Why are you unhappy with the contract? What would it take for you to be happy with the contract again? It seemed like a good deal at the time, what has changed?
Read it over. How much will it cost you to get out of the contract according to its terms? If there is no ability to terminate the contract for a fee or after giving notice, how much is the contract worth if you were to pay it up front? (i.e., if you are stuck in a rental agreement, how many more months do you owe rent? # months x $ rent = $ amount). Can you afford that?
How much can you afford to spend to get out of the contract?
Can someone else step in your shoes? Would that work for you and the person you are contracted with? How long do you think it will take to find that person?
Would the person you're contracted with be willing to work with you to amend the contract?
If you break the contract will you sever a valuable relationship?
What will happen to the relationship when you say "I'll have my lawyer call you"?
Before stepping into a new contractual relationship make sure you can afford to meet the terms of both contracts while you are trying to move on. Life gets expensive fast when you are tied to two agreements.
Good luck! And again, if you would like help reading and understanding a contract you are looking to sign or that you have already signed, feel free to give me a call or an email.
Wednesday, May 6, 2009
Thursday, April 9, 2009
I know I need to communicate with my elected representative, but how?
This is a Democracy kids, everyone has a voice! Don't forget to use yours!
Check out this list of 10 helpful tips to assist you in communicating with your elected official. The article was originally published by the our Washington Acupuncture and Oriental Medicine Association. I've updated for Oregon.
http://www.waoma.org/members/getpolitical.cfm
10 Tips To A Productive Meeting With Your Legislator
Check out this list of 10 helpful tips to assist you in communicating with your elected official. The article was originally published by the our Washington Acupuncture and Oriental Medicine Association. I've updated for Oregon.
http://www.waoma.org/members/getpolitical.cfm
If you don't make your voice heard…who will?
In the spirit of promoting direct action we encourage all those interested in promoting alternative medicine in Oregon to contact the legislature with concerns and ideas by offering the following links to easily identifying who your representatives are and how to contact them with your input. Prompting our legislative representatives directly on how we want them to represent us is an effective way to do this. The internet makes the ideal of a representative government more of a reality by facilitating fast and easy communication, we need only to take the time to use! Locate your representative by your address:
http://www.leg.state.or.us/findlegsltr/
Once you've found your representative, pick a topic you care about that affects your community and put it in writing! Even better, go to Salem or Washington, D.C. to have a meeting with your representative, and take your friends and neighbors for added effect. Do keep in mind that our legislators in Salem are in session right now. They probably won't have much in the way of free time, so if you don't get an appointment, write a letter. And if you do, expect it to be short, and don't be late!10 Tips To A Productive Meeting With Your Legislator
Make an appointment. The best way to contact your legislator can vary depending on whether the Legislature is in session or out of session.
During session, use their Salem phone number or e-mail. Out of session, for issues, or meeting and educating, the same, except that sometimes a legislator will have a district office. That information is usually on the Salem voice mail. For campaign related contacts, use their campaign contact information only. Do not use their Salem contact numbers.
Know your goal. For alternative medicine practitioners, an excellent goal would be to educate legislators on the important role you play in the health care delivery system. Give them examples of the cost effective care that you provide. Also, speak to them about the importance of retaining every category of provider.
Remember that legislators are people too. There is an incredible bias in our society against "politicians." But what defines a politician? It's just someone who has decided that they care enough about what's happening to run for office. The vast majority take their responsibility very seriously and want to make a difference. Approaching them from that perspective will yield the best results.
Be prepared as best as possible, and then, if a legislator has a question you don't know how to answer, just simply say you don't, and you'll get back to them. Part of being prepared is knowing something about the legislator, what party are they a member of, how long have been in office, what's their background, etc.
Be aware of time constraints. During a session, appointments are approximately 15 minutes. During the interim, they can be about an hour. It's a great advantage to meet during the interim, especially initially.
Listen carefully, speak thoughtfully. If you find something to disagree about, be polite. You can still be a good advocate for your position and be "smart" about how you deliver your message. You don't want to burn a bridge. Sometimes legislators need some education so that they understand the significance of an issue.
Know that if you're meeting with a legislator who is up for election, you can expect to be asked to help with their campaign, or make a contribution. Think through your answer ahead of time.
After the meeting send a thank you note. Not only is it a good way to say "thank you," but it's also a chance to restate some of the points you wanted to emphasize, or follow up on questions that you didn't have the answer for earlier.
Monday, April 6, 2009
OBNE Public Meeting, April 6
Today I headed over to the public meeting of OBNE (the Oregon Board of Naturopathic Examiners). A few of the highlights are listed below, and minutes to this (and all other public meetings) can be found at http://www.oregon.gov/OBNE/BOARD.shtml
I. Legislative Updates: Thinking the meeting started later I missed the legislative update. However, SB 327 which "modernizes" the ND formulary was being voted on in the Senate today and will likely go to the house soon. Make sure to contact your representative if you have an opinion about this bill, or even better, if you have personal experience with the formulary. Read the text of the bill here if you are interested. More comments from Holistic Health Law to come.
II. To increase or not to increase ND CME hour requirements... That is the question.
In order to set the national bar for ND quality the board is considering raising the number of required CE hours from 25 to 30 or 35. This discussion involved the weighing of many factors and all agreed that the issue was not urgent and could be brought up at the next meeting on June 1, 2009. A few of the major considerations are improving the ethics education of NDs, how to make sure new practitioners can afford to get the credits, the administrative costs of approving CE courses, and the ability of NDs to take increased hours in on-line CE courses. As the meetings are public after 10:30 am or so anyone may come to voice his or her opinion on the matter. Emails can also be sent to the board to communicate an opinion.
III. Miscellaneous scope of practice issues:
a) Vasectomies will likely be considered within the scope of an NDs practice because they should be considered minor surgery.
b) Lipolysis will also likely be considered within the scope of an NDs practice because it is likewise considered a minor surgery.
c) Assisted suicide is NOT within an NDs scope of practice or even close.
d) Employee-provided IV therapy: An ND raised the question of whether or not s/he can hire and train employees to administer IV therapy and kelation therapy. The board asserts that so long as the employee is under "direct supervision" this is permitted. "Direct Supervision" is defined by OAR 850-010-0005 (3). ”Direct Supervision” means that a licensed Naturopathic physician is physically present in the clinic, is monitoring and directly responsible for activities of supervised person, and is available to intervene if necessary.
e) More investigation is required to address two additional questions regarding, first, POLST, and second, ND provision of special education assessment.
The meeting ended approximately 1:30 pm.
I. Legislative Updates: Thinking the meeting started later I missed the legislative update. However, SB 327 which "modernizes" the ND formulary was being voted on in the Senate today and will likely go to the house soon. Make sure to contact your representative if you have an opinion about this bill, or even better, if you have personal experience with the formulary. Read the text of the bill here if you are interested. More comments from Holistic Health Law to come.
II. To increase or not to increase ND CME hour requirements... That is the question.
In order to set the national bar for ND quality the board is considering raising the number of required CE hours from 25 to 30 or 35. This discussion involved the weighing of many factors and all agreed that the issue was not urgent and could be brought up at the next meeting on June 1, 2009. A few of the major considerations are improving the ethics education of NDs, how to make sure new practitioners can afford to get the credits, the administrative costs of approving CE courses, and the ability of NDs to take increased hours in on-line CE courses. As the meetings are public after 10:30 am or so anyone may come to voice his or her opinion on the matter. Emails can also be sent to the board to communicate an opinion.
III. Miscellaneous scope of practice issues:
a) Vasectomies will likely be considered within the scope of an NDs practice because they should be considered minor surgery.
b) Lipolysis will also likely be considered within the scope of an NDs practice because it is likewise considered a minor surgery.
c) Assisted suicide is NOT within an NDs scope of practice or even close.
d) Employee-provided IV therapy: An ND raised the question of whether or not s/he can hire and train employees to administer IV therapy and kelation therapy. The board asserts that so long as the employee is under "direct supervision" this is permitted. "Direct Supervision" is defined by OAR 850-010-0005 (3). ”Direct Supervision” means that a licensed Naturopathic physician is physically present in the clinic, is monitoring and directly responsible for activities of supervised person, and is available to intervene if necessary.
e) More investigation is required to address two additional questions regarding, first, POLST, and second, ND provision of special education assessment.
The meeting ended approximately 1:30 pm.
Wednesday, March 11, 2009
Will a focus on healthy, organic food lead to a focus on alternative medicine?
Michelle Obama is promoting healthy eating for all Americans, including avoiding processed foods and eating fresh, local produce. Could this lead our svelte First Lady to bring alternative medicine into the limelight as well? Only time will tell, though it might not hurt to do some letter writing to your representatives in Congress.
"THE television cameras were rolling, the journalists were scribbling and the first lady, Michelle Obama, was standing in a soup kitchen rhapsodizing about steamed broccoli. And homemade mushroom risotto. And freshly baked apple-carrot muffins. Mrs. Obama was praising the menu last week at Miriam’s Kitchen, a nonprofit drop-in center serving this city’s homeless. And she seized the moment to urge Americans to provide fresh, unprocessed and locally grown foods to their families and to the neediest in their communities." See the article for more.
"THE television cameras were rolling, the journalists were scribbling and the first lady, Michelle Obama, was standing in a soup kitchen rhapsodizing about steamed broccoli. And homemade mushroom risotto. And freshly baked apple-carrot muffins. Mrs. Obama was praising the menu last week at Miriam’s Kitchen, a nonprofit drop-in center serving this city’s homeless. And she seized the moment to urge Americans to provide fresh, unprocessed and locally grown foods to their families and to the neediest in their communities." See the article for more.
A whirlwind of activity
Holistic Health Law has undergone quite the makeover in the last few months.
I have a new office space in the Ford Building in SE Portland (2505 SE 11th Ave, Ste 220, Portland, OR 97202) that I am happy to welcome clients to. The feng shui isn't perfect yet, but I'm working on it.
I have a new office space in the Ford Building in SE Portland (2505 SE 11th Ave, Ste 220, Portland, OR 97202) that I am happy to welcome clients to. The feng shui isn't perfect yet, but I'm working on it.
Saturday, January 31, 2009
Monday, January 19, 2009
A legal tidbit: Health Savings Accounts
A Health Savings Account (HSA) coupled with a high deductible health insurance plan is one way to cover the cost of your medical expenditures. This is potentially a good plan for an individual who is concerned about the high cost of unexpected emergencies but spends his or her health care dollars on services not covered by insurance contracts, such as a variety of holistic health care treatments. The way an HSA works is that you can contribute a portion of your income tax free to a specific trust account. The money in this account can only be used for medical expenses. In order to have an HSA you are required to have a high-deductible health insurance plan. This structure was designed to make it more affordable for individuals to have catastrophic health coverage as well as develop incentives for those individuals to save money to spend on preventative care. It was also designed to reduce employers’ cost of insuring their employees.
As a community that frequently operates outside of the constraints of insurance, it seems obvious that natural health practitioners would want to explore health savings accounts to help defray the cost of their own medical care as well as the medical care of their employees. This memo is meant to give you an overview of the basic requirements of a Health Savings Account. If you have an Archer MSA or a Medicare Advantage MSA the rules are a bit different. If you have any further questions please refer to the IRS publication 969 (found at www.irs.gov) or send me an email at lucy.forsten@gmail.com.
The basic idea behind a Health Savings Account (HSA) is that you or your employer can contribute a portion of your income to your HSA and you will not pay income tax on the money, either when you save it or when you spend it. In order to have an HSA you must be eligible and you must set up your account with a qualified HSA trustee (this includes a number of major banks).
Are you qualified?
To be qualified for an HSA you must meet the following criteria.
1. You must be covered under a high deductible health plan. To be a “high deductible health plan” in 2009 your minimum annual deductible must be at least $1150 for a single plan and $2300 for a family plan. *Note that if you are self-employed the cost of your medical and dental insurance may be deductible. Consult a tax professional to determine if you qualify.*
2. You may not have other health coverage, with some exceptions. You may have coverage for a specific disease or illness, accidents, disability, hospitalization (with a fixed amount per day or other time period), dental care, vision care, long-term care, or personal liability protection.
3. You cannot be enrolled in Medicare. There are special rules regarding those who may have had HSAs and who are enrolled in Medicare, as well as special rules regarding the Medicare Advantage MSA.
4. You cannot be claimed as a dependent on someone else’s tax return. (They would be the holders of the HSA if you are a dependent)
What can the money in my HSA pay for?
The money in your HSA can pay for your qualified medical expenses, as defined by the IRS. Unlike your average insurance plan, almost every legitimate health care expenditure is included in the IRS’ definition of a “qualified medical expense.” You should consult a tax professional or IRS publication 502 if you have a question regarding a specific expenditure.
You use your HSA to cover not only your own medical care, but also that of your spouse and any of your dependent children or adults.
How much can I contribute tax free?
How much you can contribute depends on the type of high deductible health plan coverage you have, your age, and when in the year you become an eligible individual (and when you become an ineligible individual). For 2009, if you are eligible for the full year and have a self-only coverage you can contribute up to $3,000; if you have family coverage you can contribute up to $5,800. If you are not eligible for a full year (regardless of when you begin), your contribution is limited. Also, anyone can contribute to your HSA, you, your employer, your spouse and your dependents may all make income-tax free contributions.
As a community that frequently operates outside of the constraints of insurance, it seems obvious that natural health practitioners would want to explore health savings accounts to help defray the cost of their own medical care as well as the medical care of their employees. This memo is meant to give you an overview of the basic requirements of a Health Savings Account. If you have an Archer MSA or a Medicare Advantage MSA the rules are a bit different. If you have any further questions please refer to the IRS publication 969 (found at www.irs.gov) or send me an email at lucy.forsten@gmail.com.
The basic idea behind a Health Savings Account (HSA) is that you or your employer can contribute a portion of your income to your HSA and you will not pay income tax on the money, either when you save it or when you spend it. In order to have an HSA you must be eligible and you must set up your account with a qualified HSA trustee (this includes a number of major banks).
Are you qualified?
To be qualified for an HSA you must meet the following criteria.
1. You must be covered under a high deductible health plan. To be a “high deductible health plan” in 2009 your minimum annual deductible must be at least $1150 for a single plan and $2300 for a family plan. *Note that if you are self-employed the cost of your medical and dental insurance may be deductible. Consult a tax professional to determine if you qualify.*
2. You may not have other health coverage, with some exceptions. You may have coverage for a specific disease or illness, accidents, disability, hospitalization (with a fixed amount per day or other time period), dental care, vision care, long-term care, or personal liability protection.
3. You cannot be enrolled in Medicare. There are special rules regarding those who may have had HSAs and who are enrolled in Medicare, as well as special rules regarding the Medicare Advantage MSA.
4. You cannot be claimed as a dependent on someone else’s tax return. (They would be the holders of the HSA if you are a dependent)
What can the money in my HSA pay for?
The money in your HSA can pay for your qualified medical expenses, as defined by the IRS. Unlike your average insurance plan, almost every legitimate health care expenditure is included in the IRS’ definition of a “qualified medical expense.” You should consult a tax professional or IRS publication 502 if you have a question regarding a specific expenditure.
You use your HSA to cover not only your own medical care, but also that of your spouse and any of your dependent children or adults.
How much can I contribute tax free?
How much you can contribute depends on the type of high deductible health plan coverage you have, your age, and when in the year you become an eligible individual (and when you become an ineligible individual). For 2009, if you are eligible for the full year and have a self-only coverage you can contribute up to $3,000; if you have family coverage you can contribute up to $5,800. If you are not eligible for a full year (regardless of when you begin), your contribution is limited. Also, anyone can contribute to your HSA, you, your employer, your spouse and your dependents may all make income-tax free contributions.
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