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  • Lottery Millionaires – How Many People Win at Least a Million Dollars Every Year?

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    What do these people have in common: George Martinek, Susan Hannoun, Lori Boyle, Bernadette Gietka, Neal Wanless, and Bob Guerzon? Answer: They are all lottery millionaires. They, along with thousands of people every year, defy the odds and win the lotto jackpot. We hear about jackpot winners every week on the news. But have you ever considered how many new millionaires are created by the lottery each year? How many people win at least a million dollars?

    According to the TLC television show, “The Lottery Changed My Life,” more than 1600 new lottery millionaires are created each year. That doesn’t include people that have won jackpots of, say, $100,000 because than the number would be much higher. Still, 1600 is quite a high number.

    If 1600 win at least a million in the lotto every year, it means that there are more than 130 each month, more than 30 each week, and more than 4 each day. That’s a lot of winners.

    Perhaps you’re inspired by these numbers. Perhaps you think that since there are so many big lottery winners, you’re time will come one day. I don’t mean to crash the party, but perhaps you should think again. The odds of winning a million dollar jackpot are bad. 1600 yearly jackpot winners isn’t that big of a number when you consider how many people actually play. Hundreds of millions of people buy billions of lottery tickets each year and only a small fraction of those people actually win a big jackpot.

    Don’t get discouraged, though. The lottery is a game of random luck and you might get lucky one day and become a new lottery millionaire. Good luck!

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    Source by Tino Sundin

    Views: 0

  • The Importance of Randomized DOT Drug Testing

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    Catch Drivers Off-Guard

    There is a reason for randomizing the DOT drug testing. If drivers know when to expect the drug test every month or every quarter, they’re going to know when to stop using drugs, if they are using. They will know exactly how long it takes to flush out of their system in order to get a negative result.

    By randomizing it, you catch drug abusing drivers off guard. They never know when you are going to call them in for a drug test, and therefore if they are using, you are likely going to catch it. This will allow you to learn more about your drivers and keep the roads safe. If for any reason you catch an employee who is using, you will be able to apply the necessary disciplinary action, which can include termination.

    Deter Drug Users

    You want to be smart about who you bring onto your team. You don’t want drug users and therefore, you may be able to detect any of them when you announce that you offer a randomized DOT drug testing. The moment they hear randomized, they know they will not be able to beat the system. Therefore, they are likely not even going to apply to your company – they will move on to someone who has yet to randomize their testing.

    Ensure No One is Being Targeted

    Employees often like to say that employers play favorites. This is something you have to be extremely cautious of. If you don’t randomize your drug testing, it’s likely that someone will feel as though they are being targeted. Particularly if you have a third-party running the program, no one will be able to claim such a thing.

    It Allows You to Be Complaint

    The DOT wants to be sure that you are running the best program possible. This means that they want you to be randomized, and being compliant is of the utmost importance. If the Department of Transportation decides to conduct an audit on your location and you are found to not be randomizing your DOT drug testing, you could be fined.

    In the end, there are plenty of reasons as to why you want to conduct a randomized drug test. Whether you are a large company or an owner-operator, you need to remain compliant. This doesn’t have to be a task that you do completely on your own. Assistance is available to conduct all of the drug testing, and manage the entire program, should you desire.

    Take the time to explore your current system and determine whether it is running effectively or not. If you aren’t randomizing the drug testing, get started right away. If you are inundated with the process, seek assistance.

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    Source by Jeff Weigang

    Views: 0

  • Top Network Marketing Company – Why Are the Products So Expensive?

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    I’m sure you’ve heard this question before, Why are top network marketing company’s products so expensive?

    This is one of those ever-present questions that networkers and direct sales people will continue to encounter (probably) forever–and there’s always more to it than meets a simple answer.

    One key is not to side-step it. There are good and genuine reasons for legitimate, premium-priced products–and of course there are over-priced ones as well. Honesty is best, as always, and I’ll endeavor to give you the general truth with my answer to the question.

    Special Products at Special Prices

    First, the products available through top network marketing companies sales and distribution model are mostly what are called “specialty” items. They are higher priced products to begin with, having more costly ingredients and more complex designs or formulas; they are simply more expensive to make and package. Some well-known non-network marketed examples are Clinique makeup and fragrance products, Apple computers, iPods and iPhones, Armani clothing, Mercedes and Lexus automobiles.

    Unless you’re dealing with a scheme or a scam, these premium products outperform their cheaper, off-the-shelf counterparts, giving consumers more and better benefits. Since they have greater value, they cost more.

    If these products are being outsourced by the networking company (produced by a “third-party” vendor/supplier), they tend to be manufactured in smaller production runs that do not allow for all the optimal low-cost advantages of buying and making in the high volumes mass-marketers enjoy. The manufacturing processes are more complex and exclusive. The profit margins are higher. This results in a higher quality product with more attention to detail and quality control.

    The reason manufacturers and marketing companies select network marketing and direct sales is because these higher-priced products are of higher quality, and they therefore require special methods of distribution and sales.

    Simply put, they cannot compete with the lower-priced, lower quality “commodity” products, which are sold based mainly on discounted mass-market pricing and brand awareness alone. Think Wal-Mart and Costco.

    Specialty products are “education-intensive.” They need greater explanation; for example, what formula, ingredients and/or processes makes the product more expensive than those mass-market goods available through direct response marketing (such as the Internet and mail-order) or retail chain store sales. Many require demonstration.

    Mass-market products depend on advertising, promotion and merchandising at “point-of-purchase,” all of which are required to get consumers’ attention, let them know the product exists (to create “trial” especially if it’s “brand” new), and to give them enough compelling reasons to purchase and keep on purchasing.

    Going head-to-head with nationally advertised products, many to most of which are heavily discounted and sold at the lowest price possible, is a tough game for just about all smaller businesses to win. Imagine trying to sell vitamins or nutritional beverages or “prestige” cosmetics against a major manufacturer selling through Wal-Mart, or a natural toothpaste against a tube of Crest® through Kroger or Publix supermarkets.

    Specialty products are perfect for the person-to-person, information-rich education, demonstration and service oriented methods of network marketing.

    And that’s where the important second aspect of network marketing’s “higher price” comes in: the added value which you as a “distributor” add to the specialty products you sell.

    Added Value Added

    Network marketing and direct sales representatives add significant value to the product they sell and they are well paid when they do so successfully.

    We reach consumers with the awareness of new products and services that ads and merchandising–no matter how persuasive or promiscuous–would not be able to reach out and touch. And by virtue of our one-on-one, personal relationship with these buyers, we appeal to them with a level of trust and service no mass-market, retail product advertiser could hope to compete with.

    The extraordinary level of service Network Marketers provide is not available when buying through mail order or retail outlets. It is a real and tangible benefit, part of the product’s value–and its price.

    For example: Someone tries a network marketing anti-aging health product. It’s personally presented for them–either in person or via mail–with a host of educational material about the product: scientific studies, article reprints, even books or tapes explaining how the product was made, how to use it, its unique features and its benefits.

    Within one to two days, the network marketer again contacts the person to follow up, asking how they are doing, checking to see that their customer is following use directions properly, make recommendations, etceteras. These service calls continue daily, bi-weekly or weekly until the customer is satisfied and happy.

    The network marketer will also continue to send informative and educational material such as updates from scientific literature. He or she will also let the customer know about other products the company offers that this particular customer with his or her unique needs and wants might also enjoy.

    This is an extraordinary level of service that is a real and tangible benefit for the consumer. This kind of personal and knowledgeable attention is not available when buying through the Internet alone, or mail-order or most all retail outlets. It is one of the things network marketers are paid for and it is part of the product’s value–and its price.

    Are there cases where the above education and service are not offered? Of course.

    Are there products that do not have special ingredients or qualities that support a higher price? Sure.

    And are there times when a network marketed product is simply more expensive to pay for the multiple-level commission structure? Yes.

    Back in the early 1950s, a dog grooming service was opened in New York City to serve people living in the exclusive Park Avenue, 70th and 80th Streets area. They charged $25 to shampoo and clip a dog. They had no customers. Then they jacked-up their prices to $250 per visit–and were an instant success. The Cadillac Seville, when first introduced in test-market showrooms priced at under $10,000, bombed; at $14,000 the very same automobile became an instant best-seller.

    Value is a perception. The relationship between quality, benefit and price, i.e., value, is in the mind of the consumer-beholder. Businesses price goods and services according to what the market will bear. Successful marketers come up with just the right mix of value-benefit-price.

    The majority of network marketing direct sales products are of the genuine higher-quality variety, not available in stores, special in ingredients, design and making.

    Most offer the convenience of in-home or on-line ordering and to-the-door delivery. They are also special in terms of…

    Marketing and Customer Service

    The network marketing “sales person” adds value to the product through his or her education, service and sales to the customer.

    All of this has its price. And according to consumer trends and the explosive growth of network marketing direct sales companies and their products worldwide, more and more people every day think it’s worth it.

    What’s the truth about the price of products offered through network marketing? Are they too high? And if so, why?

    The full answer to this one is complicated. If you need a short one, mine is:

    High? Usually, yes.

    Too high? Sometimes… yes, but generally no.

    So, if they are high, why? Let’s start with looking at what kind of products we’re really talking about here.

    The Truth is, Specialty Products Cost More

    Network marketing is predominantly a “specialty products” business: The products we sell most often tend not to be the type you’d find in supermarkets, drug stores or any other mass merchandiser. They are not the kind that combines the lowest possible price for the least acceptable level of quality. For a conventional retail parallel, look at the products in a natural or health food store, beauty salon, boutique or upscale department store.

    Specialty products cost more to make. The ingredients are unique and high quality and production is low quantity–the amounts manufactured usually are not great enough to take advantage of the economies of scale enjoyed by big-time, high-volume, mass-market producers. So these products more expensive–both to make and to buy.

    Also, specialty product makers usually cannot depend on major advertising to increase sales: they don’t have that kind of money. So they have to use more expensive forms of distribution, such as small, individual retail outlets whose profit margins are higher than mass-market stores and chains.

    Profit Margins and Markups

    Here’s an example: a discount chain drug store might be able to markup a bottle of vitamins that normally sells for $3.00 wholesale for less than the normal 33 percent retail profit margin. And, because they buy in large volumes, they’ll get the product for less than $3.00 to begin with.

    A natural or health food store might buy that same product at the full $3.00 wholesale price, and use a markup of 50 percent to get their full 33.3 percent retail profit margin.

    To the consumer, buying at retail, here’s the difference: $3.99 at the drug store and $4.50 at the health food store.

    And then there’s “what the traffic will bear.”

    There are sexy boxes of imported chocolate that go for $38.00 each, and poly-bags of 50 mini Reeses Peanut Butter Cups you can get for less than $3.80. If your taste tends towards expensive, you’ll generally pay more–in “margin” percentages to middle-people and in total dollars.

    Let’s look at a comparison of one single product offered through the conventional manufacturer-to-retailer distribution system and the exact same product sold through network marketing.

    $$$ From Conventional Manufacturer to Consumer

    We know specialty products cost more to make; again, the ingredients are unique and high quality, and the production is low quantity, so they are simply more expensive.

    Manufacturers speak of “Cost of Goods” (CoG): that’s the figure that a product costs the company to make, including overhead, ingredients, packaging and labeling, sales commissions (such as broker’s fees), etc.

    The very minimum a manufacturer needs to sell that product for is double, or a 50 percent margin. Considering that most competitive businesses operate on a six percent pre-tax profit, that leaves them 44 percent to pay for everything else. So, the $2.00 CoG product they make, they sell for $4.00.

    Now, some manufacturers sell direct to retailers–not many, but a few do, and when they do, they’ll take a higher profit margin to pay for the Cost of Sales (CoS).

    However, most manufacturing companies deal through distributors, who charge for warehousing, shipping and selling the products to retail stores. Normal wholesale is a 25 percent markup, which you get by multiplying the purchase price–plus freight if not included–by 1.33. So, our $4.00 item would be sold by a wholesale-distributor to the retailer for $5.32. (Again, plus or not freight costs which can run 10 to 15 percent additional.)

    To achieve a 33.3 percent profit margin, the retailer has a 50 percent mark-up–or higher. Our $5.32 product ends up on the shelf at $7.98.

    Now, this is the minimum scenario–not what normally happens except in the more strongly competitive markets. It’s not the least bit unusual to find the manufacturer selling that $2.00 CoG product for $5.00 or $6.00… the distributor working on 35 percent instead of 25 percent… and a retailer – especially from a specialty market segment–look for a 50 percent profit (i.e., a 100 percent markup), instead of “only” one third.

    And if all of that were true, the retail price of the product through that sales and distribution system would be more like $14.95.

    $$$ In Network Marketing Direct Sales

    Let’s work this one backwards (because that’s how most of the numbers are figured for your commissions).

    If the networking company’s product sells to consumers for $15.00 it will have an average retail commission to the networker of from 20 percent to 40 percent. So, using a 30 percent retail commission, the company’s “wholesale” price to the mlm distributor will be about $10.50.

    Let’s say that your company pays out a full 50 percent in “downline” or organizational commissions. That means that the company’s lowest from-the-warehouse price for the product would be half of wholesale, or $5.25.

    That’s right in the ballpark for specialty manufacturing, distribution and sales.

    It’s a Question of Value

    There is also a greater value, beyond the “specialty products” issues of ingredient quality, cost of manufacture and so forth and that’s the education, information and service delivered by the person-to-person distribution network.

    Learning the product’s proper use, additional uses, history, all about the ingredients, etceteras, is all part of its value. And products offered through word-of-mouth network marketing have more of this “added value” than any others.

    This last point begs the question:

    “Are products purchased through network marketing higher priced to make up for the compensation or commission payments to distributors and their networks?”

    Can they be? Yes.

    Are they… usually? No and Yes.

    In an authentic, intelligent, sincere and sensible network marketing direct sales company, one that’s well-managed and directed… a company that understands that the financial health and well-being of the men and women in the field MUST lead their mission, decisions, strategy, policies and procedures… no.

    But that new ostentatious corporate headquarters in the prestige location… corporate jet… an army of “distributor service” personnel… rock concert “conventions”… $50,000 “big name” keynote speakers… resort vacations and incentive cruses to exotic locations paid for by the company… luxury car allowances… are all expenses that need to be paid for. Where does that money come from?

    Directly (in terms of potential commissions that will not be paid out to people) or indirectly (in over-priced products and/or inflated charges for marketing materials, self-replicating websites, business building tools and trainings), the money comes from only one place… the men and women in the field.

    “So… do network marketed products cost more?” Sometimes yes and other times no.

    Can they be more expensive than similar items of equal value offered in a conventional market such as a retail store? Yes, they can.

    In fact, you can find numerous examples of both conventionally retailed products and networking products of similar sizes, shapes and qualities at prices that vary by as much as 30 to 40 percent or more.

    The only sure rule in product pricing the world over is, “What the traffic will bear…” No matter what distribution and sales route the product travels. It’s not so much a game of “Let the Buyer Beware,” as it is and always will be…

    “Let the Buyer Be Aware.”

    Factor in the at-home shopping convenience… the customer service… the satisfaction guarantee… personal attention… education and information–and in today’s increasingly competitive global marketplace, the “aggressive pricing” posture being taken by more and more networking companies around the world–along with the generally superior quality of the products available through network marketing and direct sales…

    … and I believe a growing number quality-conscious consumers will agree with me, top network marketing company’s products represent outstanding value.

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    Source by John Milton Fogg

    Views: 0

  • How to Quickly and Confidently Spot a Fake 1893-S Morgan Silver Dollar

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    1893-S Morgan silver dollars are so renowned, that more exist today than were originally minted. Most Counterfeit 1893-S Morgans consist of altered versions of existing genuine Morgan dollars.

    The majority of 1893-S Morgan silver dollars are certified, so why would I need to know how to tell a fake one when I see it? Hasn’t NGC and PCGS already done that for me?

    I’ve seen fake 1893-S Morgans both graded and raw. I have to assume PCGS and NGC graders both know how to spot a fake 1893-S Morgan, so when I see an example of a counterfeit slabbed in a legitimate looking holder, I have to figure the holder is as fake as the coin.

    I also run across fake coin denial. Owners of these coins don’t want to admit they were fooled into buying a counterfeit coin. That’s a hard pill to swallow, especially when the owner paid top dollar for a graded coin with the confidence of it being blessed from a major third party grader.

    The 1893-S date/mintmark is the most valuable of the Morgan designed dollars. Because of this, most counterfeit versions have been made by altering either the date, or the mintmark.

    Learning to tell a fake 1893-S Morgan is simple, because ALL 100,000 coins were made from the same obverse die and two reverse dies. That makes the diagnostic really easy.

    They all have the same obverse characteristics and not terribly different reverse characteristics. Any coin that doesn’t possess the telltale diagnostic characteristics is a fake. Learn what to look for, and you can spot a fake raw coin AND a fake graded coin.

    The date is probably the easiest thing to pick out. Unlike other dies from the S, O, or P mints, the date has a flaw and a certain characteristic the altered coins won’t possess.

    First, look closely at the 1. Does it line up exactly with the dentil directly under it? Can you draw a line right through the center of both?

    Next, study the last numeral. As the date progresses, it slopes upward to the right, in relation to the edge. The 3 is noticeably higher than the 1 at the beginning. This is the easiest way to quickly spot a fake.

    There are things to check in the “T” and “R” on LIBERTY, but they would need a microscope to detect. There’s a tiny die scratch in the “T” and a detail that resembles “rabbit ears” in the base of the “R”. ALL genuine 1893-S Morgans have this detail, if you happen to have a microscope check out this diagnostic detail.

    You don’t really need to turn the coin over to make any more diagnostics on it.

    Further diagnostics will only tell you how the alteration was made. The genuine “S” mintmark is clear and rounded. It isn’t a mushy blob. The top serif on the “S” is a vertical line, while the bottom serif is more like a triangle.

    The next mintmark giveaway is the alignment of the “S”. It should be perfectly aligned. I’ve seen the “S” mintmark noticeably slanted, and it shouldn’t be. Also, the “S” is slightly filled in between the upper curve and the slant of the “S” as well as the lower curve and the slant.

    Since most counterfeit 1893-S dollars are altered, continue to study the coin with a 10X glass. Rotate the coin and look for tooling marks around the 9 or 3 for signs of a date alteration on the obverse. Altered coins are usually the 1898-S, 1883-S, or 1893-P.

    As collector values continue to increase with the 1893-S, the fakes will get even better. With emerging technologies, counterfeits will become almost perfect replicas of the original. My hope is that as technologies to accurately copy a coin advance, technologies to detect such copies will also keep up.

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    Source by Paul St. Julien

    Views: 0

  • Department Administrator Interference in the Doctor-Patient Relationship

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    I contacted a resident doctor in Internal Medicine at a teaching hospital and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor’s office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.

    A department administrator then contacted me to say the resident doctors are not available every day of the week for clinic and are not even here when they do their ICU rotation. Also, the Internal Medicine department protocol would not allow the resident doctor to write me a drug prescription for off label use. Finally, she was concerned that in the past I have ordered and correctly interpreted my own blood tests. The administrator’s attitude reflects one of the chief complaints Americans have with the health care system: the system is coming at them and requiring them to get health services in some predefined structure to which the facility is accustomed but which eliminate any potential for individualized treatment according to individual patients’ needs.

    Apparently the administrator did not spend enough “careful consideration” to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the administrator based her decision on her own ignorance of the facts.

    She also misstated facts concerning off-label prescriptions for drugs by resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician at the teaching hospital advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the Dept. of Obstetrics and Gynecology (OB-GYN) advised me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but “protocol” prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

    Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The administrator could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director’s paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don’t need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

    Apparently, an overwhelming number of patients who visit this teaching hospital’s doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the administrator’s interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

    LEGAL ANALYSIS

    I. Formation of Doctor-Patient Relationship

    The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

    When a lawyer responds to a prospective client, “I agree to take your case,” or “I will be your lawyer,” or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client’s information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

    But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

    The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor’s clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

    If a lawsuit were filed for enforcement of this contract, I am confident that the plaintiff would overcome any attempt to dismiss the lawsuit by the teaching hospital’s attorneys based on the absence of a contract. Defendant might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website http://medical-dictionary.thefreedictionary.com/resident+physician, a “resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.” The resident’s licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents’ clinic.

    In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident’s services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor’s aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, the defendant’s argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted “it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.” Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

    Selection of a PCP and other medical decisions are “core” private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

    In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. “The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.” Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

    The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor’s selection of patients and the patient’s choice of a physician. “We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient’s choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

    Based on reading Baptist Health, I will now forward a copy of this article to the state Department of Health to determine whether the teaching hospital violated any of my state’s regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient’s right to select his own physician. If so, then the teaching hospital is violating those regulations.

    II. Tennessee’s Tortious Interference Statute

    Tenn. Code Ann. § 47-50-109 is captioned, “Procurement of breach of contracts unlawful – Damages.” The administrator tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The administrator will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

    Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, “The ethical objection has been that intervention by employer… makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer… rather than to the patient, he serves two masters with conflicting interests.” United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

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    Source by Michael Guth

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  • Importance of MVRs and Drug Screening

    Importance of MVRs and Drug Screening

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    Why an MVR Check is Important

    Employee driving records can greatly help employers identify and mitigate risk liability in the workplace. Driving Records can help employers avoid risk of third party lawsuits, medical bills, and other costs associated with automobile accidents by an employee whose primary role or even incidental role includes driving on the job.

    An MVR check includes include license details such as state issued, status, expiration, suspensions, revocations, violations and sanctions. MVR Reports are easy to read and include standardized ACD violation codes.

    MVR Driving History mostly repeats itself. So, if a company runs an MVR check it would be able to predict the chances of any negative activity happening in the future. Moreover, insurance companies focus on several factors in determining auto insurance rates and their premiums are sometimes based on driving history records. If a company employs drivers with a negative driving history, it can be charged with higher premiums by the insurance company. Knowing about MVR driving records helps companies safeguard themselves from higher premiums.

    Driving Records should be checked at least annually; however, it is recommended to check them more frequently to proactively determine if there have been any changes to the driving record and to further reduce company liability.

    A real-time MVR ordering and monitoring system can provide companies with instant verification of their company drivers.

    Why Driver Drug Screening is Important

    Generally, all CDL drivers who operate commercial motor vehicles subject to the CDL requirements on public roads in the U.S. are performing safety-sensitive functions are subject to DOT drug and alcohol testing. This includes all full-time, part-time, intermittent, backup and international drivers. DOT truck drivers must undergo a drug screening test prior to their employment. This is to be done once per year, after any accident, and if there is a suspicion that a driver is taking drugs. Also, CDL drivers must be randomly tested throughout the year.

    DOT Drug Screening requires laboratory testing for the following five classes of drugs:

    • Marijuana
    • Cocaine
    • Opiates – opium and codeine derivatives
    • Amphetamines and methamphetamines
    • Phencyclidine – PCP.

    DOT alcohol tests identify alcohol concentration of 0.02 and greater.

    NOTE: Effective January 1, 2018, CDL drivers will be tested for four semi-synthetic opioids (i.e., hydrocodone, oxycodone, hydromorphone, oxymorphone). Some common names for these semi-synthetic opioids include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, Exalgo®. In addition, they will no longer be tested for MDEA.

    When drivers take drugs, their motor skills suffer and their reaction times are severely hampered. This can be dangerous and lead to accidents. Proper Drug screening ensures that a company has healthy drivers on the road.

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    Source by CW Wade

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  • Is Equitable Distribution of Marital and Non-Marital Assets the Same As Equal Distribution?

    Is Equitable Distribution of Marital and Non-Marital Assets the Same As Equal Distribution?

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    No, equitable distribution of marital and non-marital assets is not the same as equal distribution. Equal distribution states, known as community property states include California, Louisiana, New Mexico, Washington, Arizona, Idaho, Nevada, Texas, Wisconsin, and by agreement of both parties, Alaska. All other states distribute marital assets using the term "equitable" which, in legal terms, means "fair" distribution of assets. (Debts are also termed marital and non-marital and will be distributed equally or equitably according to the parties state of residence). The actual fairness of the distribution will depend on if a couple can negotiate their own equitable distribution through the mediation process, required in Florida, for example, or if a judge must use his or her interpretation of what will be fair for each party, particularly when looking into the past for who contributed what to the marriage and into the future for how each party will continue to manage as a single, now responsible for their own welfare.

    Non-marital assets include all property, real and otherwise which a party obtained before the marriage took place. For example property such as a home, high-end furniture or electronics, valuable jewelry, and / or a vehicle, if completely paid for by a party prior to his or her marriage would be termed non-marital and be retained by that party. Also property real or otherwise, if sold during the marriage could provide profit belonging to the owning party to be used at his or her discretion. An inheritance or specific gift can also be termed non-marital. Substantial proof of the pre-marital ownership or post-marital acquisition of all non-marital assets will be required before the actual acceptance of an asset as non-marital.

    Marital assets are all property and items accumulated and / or purchased during the marriage. Monies earned during the marriage are also looked at to determine what each party has contributed to the welfare of the union. It is important to understand that, for example, a woman or man who has stayed home to care for home and children will have their years of non-monetary work be given a value which will compute into dollars when figuring the actual equitable distribution. The lifestyle of the family and how each party will be able to continue following the final judgment will also be a factor when a judge decides the final distribution. Remember, "fair" is the keyword is making an equitable distribution. Length of the marriage, the parties economic situation, contributions to the education or career or the other party, the need to keep an asset such as a business or family heirloom, severe waste of assets during 2 years prior to filing, and the wisdom of retaining the marital home, particularly if minor children are involved are all considerations when determining equitable distribution. A complete list of considerations for equitable distribution of marital assets and debts in the state of Florida can be found in Florida Statute 61.075.

    As can be easily seen, the whole issue of determining marital versus non-marital and equitable distribution involve a whole maze of considerations. An experienced legal professional will be able to help his or her client sort out the many in and outs, as well as help collect the necessary proofs needed. And finally, if you are serious about a dissolution of your marriage, try to the best of your ability to work out your final agreement during your meditation when you and your spouse can determine the equitable distribution for yourselves. A lot of feelings can be hurt when a judge is the one to tell you what you can and cannot keep. Finally, if the equitable distribution decided on during mediation is extremely one-sided a judge can refuse to sign the final order, so be fair, "equitable" and all will benefit.

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    Source by Grant J Gisondo

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  • 5 Major Reasons Why Marriages Break

    5 Major Reasons Why Marriages Break

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    Love: Yes, I mean love. I know you are wondering how love could cause a break up. It is believed that love is the basis of marriage. It is love that brings about marriage. You only marry once you realize that you love somebody else just as yourself. You can not marry somebody you hate. Unless is for some other reasons. When the sweet love you once shared turn into bitter, marriage is set to break. How will one live with a person that she / he resents so much. It is impossible, and that is why, most couples choose to separate and go their on ways. Every human being want to be loved. therefore, where there is no love, couples never stay together for long.

    In-laws: What part does in-laws play in your marriage? Well, there is no marriage without in-laws. When couples get married, they automatically get in-laws. Some of these in-laws are the best and some are the worst. One could wonder whether they ever wanted their son / daughter to marry. They interfere with their children's / brother's / sister's marriage a lot. Who is to blame in this case? In most cases, it is the in-laws from the husband's side that bring all these problems. In such cases the blame goes to the man. He should stand up for his wife at all time even if she is wrong. He should not be the one inciting his people against the wife. Am sorry to say this but some husbands have the audacity to bad mouth their wives to their families. Tell me, won't your in-laws hate you when they hear such bad things coming from your own husband? If you allow your family interfere so much in your marriage, then know that with time, your wife will get tired and call it a quit!

    Infidelity: This is the worst of them all. No one desires to be cheated on by the partner.in fact, if discovered by the other party, there is no forgiveness. When a man discovers that his wife is cheating on him, he can do the worst to the man involved with his wife. Women are lenient. On their part, they can forgive their husbands but will never ever love them again. Some women end up choosing to leave the man and even demand for divorce.

    Comparisons: This is a very painful reason for break ups. when a spouse chooses to constantly compare his / her spouse to another, it really hurt much. Even though the one doing it, could be doing it so unknowingly. In some cases, the spouse who does this comparisons, is aware of it and usually do it purposefully to hurt the spouse. The targeted spouse may in some cases, try to much up to the party being compared to and if the sacrifice is not noticed, this may lead to a break up.

    Physical, emotional and mental abuse: This is one of the major causes for marriage break ups. One couple could be abusive to the other partner. This could be physical / emotional torture. An abusive spouse is worse than a murderer. The reason is: they usually use intimidation and manipulation to keep the abused partner under control at all time. They are sadist! They never want to see their spouses happy! They beat them up, call them all sort of abusive names and even cause the other partner feel useless and unworthy. With such, the marriage will definitely break up especially when the abused get tired of constantly being abused.

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    Source by Leah Simiyu Mbatha

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  • 3 Lazy Ways To Make Money Online

    3 Lazy Ways To Make Money Online

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    Okay I get it. You’re lazy. Not only are you lazy, you’re ridiculously lazy but you want to make some money. So I’m going to go over what I found to be literally the laziest methods to making real money online that actually works. So follow along. We’re going to go over

    3 lazy methods to make money online.

    Let’s focus on how you can be super lazy and make money online. So the first method is kind of an obvious one which is taking surveys, okay? Just sit around and basically fill out you know, answer personal questions about stuff, a really simple site that you can actually start taking surveys on.

    It’s through Amazon. So if you see on Amazon, there’s a lot of different jobs that you can do to make money online. They don’t pay all that much. They’re very simple, basic tasks you can… You know like spot objects in image and it will pay 30 cents. I mean it can’t get more lazy than that. You’re just spotting objects images to see what’s going on there. That sounds super lazy. So here’s another basic, lazy task you can do which you know you can describe a fact.

    Describe a fact and you get paid 20 cents, 3000 people have done this already. They give you instructions on how to do these things. So pretty lazy stuff. Again, these are basic tasks. You don’t get paid much for but you can make a couple bucks an hour doing this and just be totally lazy sitting out, mind numbed at your computer.

    Let’s go over a second lazy thing. So playing video games is another super lazy task that really requires very little thought time or money to do.

    And the way you would make money if you’re just going to play video games is you actually want a live stream yourself, okay? You’d want to livestream yourself on Twitch and you can make donations from people. So go to twitch.tv and here you see you can play poker on Twitch as well but a lot of people watch for Fortnite.

    You know Fortnite is the popular thing. And as you see, there’s some of the big, big people have thousands, thousands of people watching them play video games. Now to become big on you know twitch or any of these platforms, YouTube, YouTube live stream, you have to be lazy consistently you know.

    So that is the kind of annoying part is you have to consistently be lazy and just play video games and livestream yourself or else, you won’t get an audience and you know, the more animated you are the better but if you’re just a couch slob and you’re doing nothing, unless you’re a super hot chick wearing some really cute anime type gear, you’re not going to get a lot of viewers. Again, like all of this stuff, there are ways to be effectively lazy but playing video games online at least gives you the opportunity to get people to donate or ad revenue on twitch TV.

    So the third way to make money online being super lazy, just play poker. Play low stakes poker. Screw it. You know you could play poker online. Obviously, you can make money playing poker in real life but you could also lose money too and what I’m going to show you is just a super simple way of making money playing poker without really any chance of losing. And that would be to actually be an affiliate marketer for poker programs and livestream on YouTube. You can live stream on YouTube just like you do on Twitch.

    So you see poker party millions you can live stream yourself playing poker. And how you would make money, you could make money on Twitch through ads but what I’m going to show you is more effective way is live stream on YouTube. I don’t see many people doing this and I actually think this would be really effective. I don’t know why people don’t do this. But you’ll see right here is that you can get people to sign up to play poker online themselves and this company 888poker has paid out over $207,700,000 to affiliate marketers who have referred new players.

    You know, you can get anywhere from a 100 to $250 per player that signs up to play poker on 888poker. So it’s almost like they’re a sponsor of you playing poker but on a performance basis. And look at that money figure. That is a big, beautiful number right there. So really easy way play poker online and refer other people to play poker online as well.

    there you have it 3 Easy, lazy way to make money online. Sorry took a little long with that last example. But I hope this was informative, 3 super lazy ways to make money online. Again, if you don’t want to put in a lot of time, thought or money, I just gave you 3 super easy ways to get started.

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    Source by Troy D. Johnson

    Views: 0