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Okay ... I get that. Sorta.

Posted By: donex3 on 2009-08-01
In Reply to: cover that - stillmting

Even though that just seems like a weasly way around it, I know there are probably weasly ways around a lot of laws.

But how about this one? (From the IRS website)

'Services Provided as Key Activity of the Business

If a worker provides services that are a key aspect of the business, it is more likely that the business will have the right to direct and control his or her activities. For example, if a law firm hires an attorney, it is likely that it will present the attorney’s work as its own and would have the right to control or direct that work. This would indicate an employer-employee relationship.'

If you owned a service and you contracted with the government (I'll just pretend it was a VA Hospital), your transcription service contracted out the transcription. The main function of the VA Hospital wasn't transcription. It was medical care. You were a documentation service, which is not primarily what a hospital is there to do. If there was a problem with the work you presented to them, they would come to you and say, 'Hey, what gives? Your work sucks.' However, you probably wouldn't (if you used ICs) say to them, 'It wasn't me. It was this contractor I used. Talk to them.'

If you're a Transcriptionist contracting with a transcription company, are you not doing the exact same thing that a transcription company is there to do? Is not the work that you provide to the transcription company something they tell their clients came FROM THEM? In addition, do the companies you IC for (on a regular basis) tell you how to do your work? What software to use?

I'll be honest, I'm still a little bit fuzzy as to whether or not there is any real legality to the way the transcription companies expect to hire ICs - on just about any front. The lawyer I spoke with seemed to think there was very little legal room for this, but I'm sure he doesn't know everything yet, and I'm sure I didn't tell him everything he needed to know. You don't know what you don't know, y'know?

Either way, I'm still figuring it all out - and so is he - but the bottom line is that the illegal practice (UNQUESTIONABLY) runs rampant in our profession, which does make it harder to do it legally - however that's done.


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Okay ... I get that. Sorta.
Even though that just seems like a weasly way around it, I know there are probably weasly ways around a lot of laws.

But how about this one? (From the IRS website)

'Services Provided as Key Activity of the Business

If a worker provides services that are a key aspect of the business, it is more likely that the business will have the right to direct and control his or her activities. For example, if a law firm hires an attorney, it is likely that it will present the attorney’s work as its own and would have the right to control or direct that work. This would indicate an employer-employee relationship.'
I sorta don’t know what that means
outpatient text. Can you fill me in? You can email if you like, I am very confidental and do not have a really fuzzy with the higherups.
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