Dk2013CA

Yes, I’m also confused why they were in favor. Most of my RN and NP friends work at least partially on 1099’s, clinics and hospitals love the flexibility that comes with those part time shifts, otherwise they wouldn’t be able to get coverage and we wouldn’t be able to get extra income! And all nurses that I know work 1099 by choice and love it. Maybe they somehow didn’t realize the impact this will have, I hope they will and will fight for exemption in spring.

Exactky, I think it’s a huge oversight that they exempted most other high paid 1099 professions (MD, attorney, etc) but not NP’s. Hopefuly they’ll ad exemption for us later, but I would contact CANP board to make sure.

Couldn’t agree more!!

Right, it makes sense about the attorney, I'll do that, of course. But my main idea was to hear from providers in similar situations.

Hi, just realized I missed this message from you, so awesome that you contacted CANP with this! They definitely need to ad NP’s to exempt categories, many of us like the flexibility of 1099, other similar structured professions were exempted, but for some reason not NP’s. I didn’t think of contacting CANP, that’s a great idea - will write to them as well. Please guys - write to NP organizations and encourage them to propose to ad NP’s as exempt from AB5! We want to be able to keep the flexibility and higher income potential, and simply speaking - we should have a choice of how we want to work.

Yes, that's what I was looking at also and I agree that the point about "customers" is the one that is hard to fit, but I think (well, I hope!) what they mean is customers as in another company, such as when you work as a subcontractor, but clinic patients would not technically be considered "customers" since they are an inherent part of the clinic business and without them the clinic would not exist, so the patients are a part of the business, so to say. But these are just my thoughts... Could you let us know what your attorney friend says once you guys chat?

Oh ok, that totally makes sense, but I just hope that with corporation, they won't see us as an employee anymore, but just as a business entity and then hopefully it will be ok, but who knows. I'll be contacting a couple attorneys in the next few days. Did you incorporate as a nursing or a medical corporation? My understanding is also that we need to be partnered with an MD if we do it as medical corp, and I have collaborating agreement with MD through my job already, so I was thinking to do it as nursing corp.

Oh, no, why did they think you can’t get around it? Based on what I’ve read - the business to business relationship is allowed in AB5 with the 12 extra provisions. And my understanding is that then clinic pays you and you give W2 to yourself? If you don’t mind me asking, what reasons did attorney give for possibly not being able to get around this law?

Yeah, that’s what I was afraid of, that’s a lot of income to lose ? It looks like it would be a better option to establish a corporation as a business entity, and then work business to business (where they pay to my corp, and then I pay myself with W2, S-Corp) - it looks like that’s allowed. Sucks so much though since I’m not sure if it would make it harder to find jobs in the future since not all employers would want to pay to a corporation.

Do you know what will happen to pay per patient (if we are not hourly)? How would that work on W2?

Yeah, I really hope they would ad exemption for us later, it's stupid because doctors and lawyers and others that often work part time are already exempt from this new law, but not NP's. I'm scared if my job converts to W2, it will lower my pay significantly, because I get paid per patient, and I don't know how they'll do per patient (instead of per hour) on W2. And what about home health RN's - they also get paid per patient, what are they going to do with that? ?

I'm an NP that does house visits, and worked on 1099 in California, but with recent change in law, I will likely be converted to W2 by my agency and lose 1/2 of my income (I get paid per patient). Was thinking of incorporating as S corp, any NP's have incorporated? Are we still able to provide NP services (diagnose/treat) if we incorporate as S Corp? The vendor I'll be working for (NP house visit agency) already has a collaborating MD. Any advice will be really appreciated, feeling a bit lost with this new CA law against 1099's ?

How do you guys think this will affect those that get paid per patient (I'm an NP that does home health visits/assessments?) Is anyone paid per patient on W2?

Has anyone heard from them after the interview? They called all candidates last night supposedly?