There is an excessive amount of traffic coming from your Region.

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How New Jersey Health Care Fraud Law Works Against Medical Practitioners

Q. Are Health Care Fraud Crimes prosecuted in New Jersey as regular theft crimes?They may be, New Jersey law now has a set of statutes specifically aimed at health care claims fraud. The idea is that these crimes have a broader scope and carry much more severe penalties than regular theft crimes. Also, the threshold of prove is significantly lower, so prosecutors have much easier time proving their cases. As of now, New Jersey health care fraud is a crime in the second degree that carries up to 10 years imprisonment along with hefty fines. In addition, of course, one may be charged and indicted with any other fraud and theft offense besides the health care fraud charge.Q. Who is the “medical care practitioner” that may be charged with New Jersey health care fraud?According to N.J.S.A. 2C:21-4.2, “practitioner” is anyone licensed in New Jersey or any other jurisdiction to practice medicine and surgery, chiropractic, podiatry, dentistry, optometry, psychology, pharmacy, nursing, physical therapy, or law; and any other person licensed, registered or certified by any State agency to practice a profession or occupation in the State of New Jersey.Q. What exactly is “health care fraud” in New Jersey?N.J.S.A. 2C:21-4.2. defines “health care claims fraud” as making, or causing to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitting a material fact from, or causing a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form, that a person attempts to submit, submits, causes to be submitted, or attempts to cause to be submitted for payment or reimbursement for health care services.Q. May New Jersey Health Care Fraud be Inferred?Yes. As a matter of fact, the statute entitles court to infer in certain cases that medical practitioner committed fraud. That normally has to do with making false statements or submitting fraudulent claims. Signing a fraudulent bill or claim alone may serve a proof.Q. Does it Matter How Much Money is Stolen?It doesn’t matter. No matter what the amount of the claim or benefit is, unless when it is de minimis, New Jersey health care fraud is a second degree crime.Q. What Should the State prove to obtain conviction?To convict a defendant in a New Jersey health care fraud case, prosecutors must prove:
1. That the defendant was a practitioner;2. That the defendant made false, fraudulent, or misleading statement of material fact in, or omitted a material fact from any record, bill, claim or other document, in writing, electronically or in any other from;3. That the defendant attempted to submit, submitted, caused to be submitted, or attempted to cause to be submitted the record, bill or claim for payment or reimbursement for health care services;4. That the defendant acted knowingly.Q. What are financial consequences of a conviction on a defendant?If convicted, the practitioner may be ordered to pay a fine of up to five times the financial benefit obtained or sought to be obtained. That, of course, doesn’t count prison time.Q. What if the practitioner committed Health Care Claims Fraud without knowledge?According to N.J.S.A. 2C:21-4.3(b), if the practitioner recklessly commits the health care crime without actual knowledge, he or may be guilty of a third-degree crime. The question is what is considered “recklessly”. The statute defines that as “conscious disregard of a substantial and unjustifiable risk that the material element exists or will result from his or her conduct.” The state must prove that the risk was such a that the practitioner’s disregard of it was a gross deviation from the standard of conduct that a reasonable person would observe in the defendant’s situation.

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How A Commercial Mortgage Can Help You In Negations With Sellers

When sellers evaluate purchase offers for their commercial real estate, one thing they consider carefully is the buyer’s financing. An offer from a financially strong buyer might get preference over a higher offer from a marginal buyer. A great sale price is meaningless if the buyer can’t close. And the value of any offer diminishes as time ticks buy while the buyer gets the loan underwritten.A conventional loan from a bank or other institutional lender will take 90 days or more to underwrite and close. Sellers of commercial real estate like apartment buildings, offices and retail outlets know this and they don’t’ like it. Once they decide to sell, and accept an offer they resent every mortgage, utility and maintenance payment they have to make and they constantly worry that something will go wrong and derail the deal. Sellers want to close quickly. Anything you can do to speed up the process will strengthen your position at the negotiations table.Private Lenders can Close Fast – This Gives Borrowers LeverageOne strategy that savvy real estate investors use when bargaining with sellers over price and terms is offering a 3 week close in exchange for some concessions. Sophisticated real estate pros know that the competition is probably offering a 45 day due diligence period plus 60 days to find a loan and close the deal. That’s more than 3 months, and the seller has no real assurance the sale will actually close. If you have a good relationship with a private commercial mortgage lender (or have a good mortgage broker with such a relationship) and you know the kind of deal they can close on in an instant, you have a significant advantage.You Might get a Lower PriceMost private lenders will only lend up to 65% of the purchase. If you present a scenario where a lower purchase would allow you to make a larger (percentage wise) down-payment, qualifying the deal for a private (sometimes called “hard money”) loan that can close in weeks instead of months, the seller might just be interested. Especially if the seller needs the cash in-order-to get involved in a new project or building.You Might get Better TermsSellers willing to carry back a 2nd mortgage on a substantial portion of the price could add real equity to a deal and guarantee interest from hard money commercial specialists. If they were confident that the 2nd was only temporary but they could get the deal done quickly, it is very possible they’d be interested.Don’t try This at HomeSophisticated real estate strategies are for sophisticated real estate investors only. Don’t go making promises to anxious sellers unless you know the property, the market and your lender extremely well. Misjudge a deal or your lenders ability and desire to close it and you will lose your earnest money and your credibility. Know what you are looking at and know what a lender will lend and give yourself an out in the purchase and sales contract.Here’s What Private Lenders Need to Close a Deal in 21 DaysEquity. In order to facilitate a expedited close a hard money lender will demand at least 50% protective equity in a land deal (50% LTV), 40% (60% LTV) in a vacant building and 35% (65% LTV) in a building that has cash flow sufficient to cover it’s own mortgage payment. Don’t ask them to be flexible with these standards and expect them to move at light speed also, it won’t happen.Cash. Private lenders won’t deal with any borrower that can’t or won’t bring at least 10% hard cash to a deal. If you want to get them interested in closing in 2 or 3 weeks, I’d recommend bringing more than that. Even if the seller is willing to carry back a massive 2nd the lender will be cold to the deal unless the borrower has real skin-in-the-game.Documentation. Be sure the seller can, and will, provide all the necessary documentation on the building. To achieve a fast close you will need to work with property owners who have kept meticulous records and can produce them, in digital format, instantly. Hours matter when trying to pull off a quick close; you will not have time to allow the seller to gather or create the paperwork. You will need the seller to provide digital photos of the property, inside and out, profit / loss statements going back 2-3 years, a certified rent roll with copies of rental agreements or leases attached maintenance records and copies of relevant bank statements. You will need to have, on hand, a resume that includes a summary of completed deals, a personal financial statement with the documentation to back it up, and a detailed “source and use of funds” statement that proves you have the down-payment readily available and details what you intend to use the loan proceeds for.Clear title. There is no time to be clearing up title disputes. If a title search reveals problems the close will be delayed.Environmentally friendly. Environmental liability is unlimited; lenders can not take chances and cut corners on potentially contaminated sites. Don’t try to push through a quickie loan on a gas station, dry cleaner, chemical plant, brown field or a nuclear waste dump. There is too much at stake for a hard money lender, if there is a hint of environmental problems they will require full due-diligence.Access. If a deal is-to-be closed in just a few days there may not be time for a certified appraisal. The lender will want to thoroughly inspect the site more than once. Make sure they have access to the building when they need it. They may need to bring engineers, brokers or other commercial real estate professionals, scheduling these inspections is usually a one-shot deal. Facilitate the lender on their time table, or the deal could be blown.Income. Nothing helps a deal fly through like income. It is exceedingly difficult to close any commercial loan in less than 3 weeks if the collateral property does not “cash flow”. Ideally, a private lender would like to see positive cash flow 1.2 (or more) what the mortgage payment will be. This cash flow should be backed up by fairly long term, documentable leases.Super-Fast Closes are the ExceptionMany privately funded commercial mortgage loans can and do close at light speed, and, any hard money loan is fast compared to conventional financing. But, from the lenders perspective, short-fuse deals are risky. If you’re going to use the promise of a 21 day close as a bargaining chip, know your lender and choose your deal wisely. Look for cooperative, well organized sellers offering income producing buildings at exceptional prices. Bring plenty of cash to the table and make yourself and the building available on a moments notice.

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Commercial Mortgage Refinance – Common Borrower Questions

Below are a few of the typical questions we field on a daily basis regarding Commercial Mortgage Refinances.How long does it take to close?The time to close is universally under estimated by banks, lenders and brokers. Many firms advertise 30 days, which is simply not the norm. Despite borrower’s frustration and confusion on why it takes as long as it does to close, the reality is that it is odd for a commercial mortgage to close in less than 60 days.Oddly, one of the biggest delays actually is caused by the borrower’s inability and or reluctance to provide requested information. The borrower can have a huge impact on shortening the process by responding quickly to the lenders requests, even if they seem irrelevant or ridiculous.What are the fees?On a commercial mortgage refinance the borrower can expect to pay a bank fee of 1%, lender processing fee of approximately $1000, an appraisal will cost $2,000 – $5,000, title ranges from $800 – $2000, environmental report will cost between $800 – $1,800. The larger and more complex the deal the higher the costs generally will be.What are my loan options?The classic bank loan for owner occupant is a 5 year fixed, 20 year amortization program. In the wider market, options range from interest only, to 1 year adjustable, to 30 year fixed. Some lenders have created “stated income loans” where the borrower provides a limited amount of documentation.What are prepayment penalties?Prepayment penalties are a way for lenders to preserve their return on funding loans, if the mortgage is prematurely paid off. From the borrowers perspective this is a negative feature that tacks on an additional fee, which is in the form of a percentage of the remaining balance. For example, 5% for 5 years, prepay is market. In means that if the borrower was to sells on refinance the loan within that 5 year period he would owe 5% of the existing loan balance.What is the application process?Normally, after a preliminary verbal review of quotes and loan programs the borrower will be expected to fill out an application and provide documentation. Three years of business and personal tax returns, year to date profit & loss and balance sheets are requested. After a review of the above, the lender will issue a Letter of Intent which lists the terms of the potential loan. Assuming the borrower wants to move to the next step, they will be expected to sign off on the LOI, although this is not a binding step. At this point the lender will engage an underwriter(s) to thoroughly review the funding request.If approved, the bank will issue a full Commitment Letter which is a binding documentation for both the bank and borrower. At this point and if agreeable to the borrower they’ll be expected to execute the Commitment Letter, provide money for the appraisal, environmental report, and processing fee. The loan has at this point been officially engaged.Keep in mind that it is in the borrowers benefit to have their commercial loan thoroughly reviewed before they commit to a lender so as they do not waste additional time and money on 3rd party reports.

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Small Business Marketing Plan – Increase Your Business Profit Without Breaking Your Marketing Budget

Most small business owners fail when it comes to their small business marketing plans. They’ve got excellent technical skills in their line of work, but that just doesn’t translate to having effective marketing skills.As a result, profitability of many small businesses has been declining over the years. Ever increasing competition is making it more challenging in many ways. For those businesses that aren’t losing money, most are not producing the profit they could be if they knew how to market themselves properly.These business owners usually just copy what they see other businesses doing, or they follow the advice of some media sales person. The problem is they copy the wrong types of businesses, and the media sales people typically only know as much about effective marketing as the business owner does.Without the right kind of marketing system in place, the success of any business is by pure chance. To help remedy this situation, below are seven things a small business can do to increase profits while spending less on marketing.1. Use the power of free stuffEveryone likes getting free stuff and you can use that to your advantage. If your business lends itself to giving away free samples of your product, do that. It helps get people hooked on it. Business profits have boomed on this marketing model.As Chris Anderson author of the book titled, “Free: The Future of a Radical Price” says, “You can make make money giving things away.”  In his book he talks about how businesses are giving away products and services they used to charge for, and in return, a percentage of their customers are buying something else. As a result, they are making more money than ever.When you give something away, you often activate a universal law called the “Law of Reciprocity.” It says that when people get something free, they feel obligated to do something for you. Obviously it doesn’t work every time, but it does work enough of the time.But there is another way to give away free stuff that can greatly benefit your business. When you do it right you get something very valuable in return: customer contact info…which leads us to the next tip.2. Start capturing customer contact info and use itOne of the biggest mistakes small business owners make is not tapping their current customer base. They let customers visit their business (online or offline) all day long without ever trying to capture their contact info so they can continue to market products or services to them.You likely know how expensive it can be to get a new customer. But you can market to your current customers for little or no cost. Capturing and using customer contact info can mean the difference between a profitable business and one that barely gets by.Your business has more customer value in it than a customer can possibly digest in a short visit so if you aren’t continually marketing to your customers, you are throwing money away!You can make customer contact capture easier simply by using the power of free from tip number one. Simply start a monthly drawing to give away something free and print some registration slips visitors can fill out. Also have people register online on your website.Tell customers they only have to register once for all drawings and you will contact them monthly via email to let them know who won. Of course you will always include an offer for a product or service!What do you give away? Anything with a perceived value makes a great free item. Free items do not have to be expensive. Buy something on sale at WalMart or at eBay and offer it. You can also offer free informational reports that help people solve their problems. People are always looking for ways to solve problems they are having.Of course, once you capture this information you have to do something with it. If you’re too busy to take on any more work, then the next tip will help you out.3. Use automated tools to keep in touch with customersOnce you have a customer list, I recommend you send a minimum of 25 “messages” a year to it. A message could be an email, direct mail piece, fax, or phone call.If you don’t use an automated tool to do the work for you, you’ll likely be too busy to get the job done. When you automate, your messages go out regardless of how busy you get (the more messages that go out, the busier you’ll get).One tool you can use is an email autoresponder, which is a web-based system that sends out emails when someone signs up. It sends out emails at intervals you set up. You can also set it up to send an email on a specific day, such as a holiday.The great thing about an autoresponder tool is that you enter your messages in the autoresponder one time, then it automatically sends emails to your list. You can also broadcast messages any time you want.Using this tool, keeping in touch with your customers is easy and it will help keep the competition from creeping in and stealing your customers because they’ve forgotten about you and the services you provide.4. Stop marketing like you’re a big business.Marketing a small business like it’s a big business is something almost every small business owner does. They just copy the marketing they see being done at large companies with big brands. This kind of marketing is called “brand identity,” “brand building,” or “image” marketing.This is a HUGE waste of advertising money for a small business. You simply don’t have the resources you need to support a successful branding campaign.Brand advertising typically has no “call to action,” (they don’t ask you to do anything). They just give you features of the product or service, or they entertain you without asking you to do anything.Brand advertising is usually benefit free. The viewer has to determine if there is a benefit to them. It may contain a list of features and the user will have to assign their own benefit to each feature. It is usually focused on the product or provider of the product instead if the customer.A successful marketing campaign for a small business is created around direct response marketing techniques.5. Use old fashioned direct response techniques in new waysThe kind of marketing plan that works for a small business is direct response marketing. It doesn’t require a huge marketing budget to use effectively. It can be used for all types of products and services.And the good news is that you don’t even have to hire an advertising agency to do it since it doesn’t require creativity. All you have to do is learn the basic structure of direct response marketing and you can easily increase the sales your business makes.Direct response sales copy always asks the reader or viewer to take some sort of action i.e. “Call in the next 5 minutes, and we’ll include a free set of Ginzu steak knives!”.It may ask for the sale directly if a full “sales presentation” was done (one-step advertising), or it may ask them to request more information (two-step advertising). It will at a minimum, ask the reader to take some form of “traceable” action so you know if it is working or not.There should always be a headline for written advertisements! Never put your company logo at the top of a direct response advertisement. That’s brand advertising.Whenever you create an advertisement in any form always look at them from the customer point of view. Look it and ask “Who gives a crap?” about everything in it. Do you think the customer cares about your logo. No! They care about what you can do for them. Put in benefits and not features. Let the customer know what’s in it for them. A successful direct response ad for a small business includes several things:
An offer to buy something
Sufficient information for the consumer to make a decision to act now (or directions on how to get more info)
An explicit “call to action” sooner rather than later
A clear way to respond such as a telephone number or web page
A means of tracking the response.
Direct response advertising is not just used for mail campaigns. You use it in all forms of media: print, web, mail, and broadcast. Take a look at all the advertising you are currently doing no matter where it is and start making the change now.6. Use the Internet to advertise for freeEven though websites as we know them have existed since around the early 90s, only 49%* of small businesses currently have a website *9/08, Barlow Research. It’s surprising how many businesses do not understand how powerful this marketing tool is. If you don’t have a website, get one because there is no better source of free advertising!The Internet has hundreds of “Web 2.0″ websites where you post “content” for free. The content can be text, videos, or audios you create and it can lead people to your business. Plus, it helps establish you as an expert in your field.EzineArticles.com is one such place you can post content. There was no charge to post this article. All I had to do is write it, post it, and then you found it.You can put links in the “author resource” section, to drive traffic to a page on your website. The articles you post in EzineArticles can rank extremely well in Google search results with a little help from you.You also want to get your business listed in places like Google Local if you do local business. Once again this is absolutely free.Once you learn how to do use the Internet for promotion you’ll have a head start on the future of advertising and you get customers for free!7. Outsource routine marketing tasks so you can work on the growing your businessOne of the biggest problems small business owners have is that they get so consumed by working IN their business, they don’t have time to work ON their business. So no growth can occur.When it comes to marketing yourself on the Internet, there are ways to use “virtual assistants” to do most of the work for you. A virtual assistant is someone you hire on a full or part-time basis who does the work for you.But a virtual assistant is not a direct employee so you don’t provide benefits or have the normal hassles of an employee. They are usually located somewhere in the world that has low-cost wages so they are very affordable. That’s the beauty of the Internet and the communication it provides.Virtual assistants aren’t just confined to small business marketing plan tasks though. They can do almost anything for you: reservations, schedule appointments, answer phones, customer service, send flowers, buy a present for your spouse, find someone to fix your car, website development, accounting, software development, writing, graphics, or anything you need.There are lots of resources on the Internet that can help you find a virtual assistant.Create Your Small Business Marketing Plan Now!Use these seven marketing tips to start building your small business marketing plan right now. If you procrastinate, your busy life will get in the way of business growth. Even if you only take a little of the advice you’ve been given, you’ll find it can have a big impact on the profitability of your business.

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