It was proposed last year, and didn’t make it through. But Senator Michael Enzi intends to sponsor the small business health care bill again this year, despite the opposition he’s facing from many angles.

The State Association of Attorney Generals, the American Caner Society and the American Diabetes Association have all expressed concerned about some holes in the bill in its current condition and want some changes made.

Let’s examine the current bill from both angles:

PROS
• Will allow small businesses to pool insurance policies together, much like large corporations and unions currently do.
• Will give many businesses, who otherwise couldn’t, a chance to provide health insurance to their employees.
• The more people in the insurance pool, the better the cost to each business owner.
• The insurance pool spreads the risk involved over a larger number of people, so it doesn’t hurt the pocket nearly as much if an employee in the pool were to get sick.
• It opens up more health care options.

CONS
• Coverage does not have to meet state requirements, which can result in large holes in the coverage provided. Important and all too common medical problems like diabetes and breast cancer might not be covered.
• The lack of requirements also allows business owners to provide their employees with a “bare-bones” policy that may covers very little of the fees associated with even routine doctor visits.
• May cause the price of services not covered under the policy to increase in order for medical providers to make up the difference.
• The lack of state oversight could eliminate customer protection on many levels.

With 41 state attorney generals signing their names in a letter of complaint about the holes in the bill, it is expected that Senator Enzi and his colleagues will have to go back to the drawing board to develop some sort of compromise.

But I truly feel they’re on the right track. Far too many people in this country are without health insurance and something needs to be done about that. Giving small businesses the means to provide coverage to their employees is the first step in disposing of the problem.

What do you think? Is the bill fine the way it is? Should changes be made? Are there other alternatives? Share your thoughts.

Source:
• CNNMoney.com: Senate fight over small-business health care

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Heart Attack Grill – the name just makes you want to run, but which direction? It’s intriguing, to say the least.

So is the whole atmosphere of Jon Basso’s grease-filled restaurant in Tempe, Arizona, which opened just over a year ago. It’s that atmosphere and the controversy surrounding it, that has put Basso’s business on the map. Advertising isn’t even necessary for him these days.

The attention he’s getting revolves around items on the menu such as the Quadruple Bypass Burger and Flatliner Fries, some topping out at 8,000 calories each! Other items available for purchase include full-sugar sodas from Mexico (no Diet Cokes here) and even filterless cigarettes.

And, get this, the guys used to own fitness training studios! But, after hearing weight-loss motivated clients confess over and over about their diet cheats, Basso decided that everyone needed a place to dive into the grease once in awhile and indulge themselves.

The boldness doesn’t stop there. He has already faced opposition from the Arizona Board of Nursing and the Center for Nursing Advocacy because of his waitresses being scantily clad in sexy nurse uniforms. The associations claim it “degrades” the profession, but Basso claims that it helps to “glorify the job for the younger workforce.”

And Basso is eating it all up (pun intended). Afterall, he’s already obtained national recognition for his grill. And, despite the negative tone many reports may take, business is booming! Can you say viral marketing?

It don’t know that the Heart Attack Grill is on my list of places to go before I die (or maybe to die, in this case), but I commend Basso for his enthusiasm, creativity and daringness to be different.

Fries anyone?

Source:
• Entrepreneur.com: Cashing In On Controversy

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It’s a risk every business owner takes the moment he/she opens their doors - being sued. And there are a lot of reasons your business could be pulled into court - everything from unpaid bills to outrageous claims of fraud against your company.

Anything from the substantial and justified to the frivolous can come against your business at any moment, and if you want to avoid the long, tedious court process, you’d better make sure you’re ready.

CONTRACTS
Attorney Fees Clause
Every contract you have should contain a dispute resolution section. Within that section, it’s a good idea to state that, should any dispute proceed to litigation and you win the case, the client would be responsible for your attorney fees.

This would make any client who doesn’t really have a case against you think twice before filing a lawsuit. On the other end, should you need to sue a client for an unpaid balance, etc., they will probably refrain from fighting you much if they know they will have to pay attorney fees for you.

Limitation of Liability Clause
In addition, consider adding a clause in your contract that limits your liability and damages, should there be a flaw with the product you provide, etc. For example, if you provide a product or service on a regular basis that is worth $5,000.00 then put a clause in your contract that limits your liability to $5,000.

This covers any defective products you may have, avoids needless court proceedings to determine an amount for damages, and keeps you from losing the shirt of your back to pay for non-economic damages.

Arbitration Clause
Another option is to put in the contract that any disputes that cannot be immediately resolved are to be conducted exclusively through Arbitration. More or less, arbitration is another form of mediation.

One party files a form requesting Arbitration and provides the fee up-front, which can be in the ballpark of $750. This sounds like a lot, but can be much less than a trial in court would cost with attorney fees and the like. And, whatever is decided during Arbitration, is held with the same regard as a judgment in court. More information can be found on the American Arbitration Association website.

INSURANCE
It’s important to be aware that your business insurance may cover your liability if there is a dispute. If something comes up, the first thing you should do is check with your insurance company to see if such matters are covered under your policy.

If the situation is covered, the insurance company will take over negotiations on your behalf and, hopefully, settle the matter. Be aware, however, that the insurance provider will only pay out to the extend of the policy limits. You are responsible for anything above that (but they will always try and settle below the policy limits if possible).

Another smart move, before any threat of lawsuit even comes close to your business, is to purchase additional liability insurance through your provider. A typical business policy will, unfortunately, only cover minimal disputes.

There are additional provisions for matters that would be more likely to occur for your specific business - from employment practices liability coverage to advertising practices liability coverage and the like. Be sure to talk to your provider and be aware of all of your options.

Though these steps cannot guarantee that your business won’t go to court over something, they will help to avoid it as much as possible. Keep in mind that the best thing to really do is protect your business and your customer. If you do both honestly and efficiently, then the problems should be minimal.

Always consult with an attorney before changing or developing your business contracts to make sure your business is fully protected under the law. The statements in this article are not to be taken as official guidance, but, rather, as an informational supplement to the legal aspect of your business strategy.

Source:
• Entrepreneur.com: 5 Litigation Secrets

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