I'm looking for a way for my business entity to act as the care provider, re insurance billing, etc, instead of me as an individual clinician.What I'm looking at is a pretty straightforward idea: can I extend my license to practice to unlicensed associates via the credentialing of the corporate entity. I imagine that it would be similar to a law firm billing for work partially done by an office assistant. The trick is that I bill insurance companies, not individuals.
You list too few details.
Hire counsel and act. But first, you'd better brush up on your business plan. It is too sparse for you to expect success.
The answer to this question is likely to depend more on the applicable licensing requirements and your agreements with insurers than it is on LLC law. The LLC is about limiting your personal liability. It does not extend your rights to everyone you employ. For instance, just because I have an LLC doesn't mean I can charge my lawyer rates for all work done by everyone my LLC employs. Lawyers are forbidden by the state bar from charging lawyer rates for work done by a paralegal. Using an LLC to employ the paralegal doesn't change that. I suspect your licensing body may have similar limitations. The insurers you're billing definitely do.
I agree with Mr. McKenzie, if I am understanding your question correctly. Generally only an individual can be a licensed professional, and has personal duties of care that are unaffected by having a corporate business entity. Insurance companies may not be as concerned about this, but I am not clear why it would make any difference to you whether you bill insurers in your personal name or in the name of the business entity.
This response is not intended to create an attorney/client relationship between any individuals, and is not intended as specific legal advice.
I do not know what type of licensed professional you are, but you should consult the Colorado Department of Regulatory Agencies (DORA), and specifically whatever body governs your specific license. Find the practice act that governs your license; there are probably prohibitions about having unlicensed professionals performing work that requires a license. Simply forming a business entity, like an LLC, probably won't exempt you, the business and others from those regulations. Tread carefully in areas that may violate the practice act for your specific profession, and consider hiring counsel to address the issues fully and in detail.
These responses are not intended to be legal advice, nor are they submitted for the purposes of forming an attorney-client relationship. This attorney specifically disclaims the formation of an attorney-client relationship. The individual posing the question bears full responsibility of obtaining legal advice from an attorney of his or her choosing, and is specifically encouraged to do so. The response given is simply for general public information and shall not be construed to be legal advice.
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