PMA Solutions

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Private Memership Association

Preamble to the Constitution of the United States of America:
         
"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

 

The Preamble to the Constitution is an introductory, succinct statement of the principles at work in the full text.  It is referred to in countless speeches, judicial opinions, and in a song from Schoolhouse Rock.  Courts will not interpret the Preamble to confer any rights or powers not granted specifically in the Constitution.

Medical Practioners Work In Fear

 

Did You Know?

  • Since 1990 over 1,000,000 adverse and disciplinary reports were filed against physicians, dentists, technicians and other health care workers

  • Some of the reports were correct, many of the reports were inaccurate, false, or made in error

  • Some of these professionals licenses were ultimately revoked, some even went to prison

  • Regardless of their innocence or guilt, all of them were reported to and have a permanent record in the National Practioner's Data Base (NPDB) in Washington D.C.

  • These records, all entered without allowing any arguement or defense whatsoever, can never be removed

 

What Is the NPD?

  • The NPDB (National Practioner Data Base) is a confidential information clearinghouse created by Congress to improve healthcare and "protect the public"

  • No one has access to the NPDB unless you are an “eligible entity"

 

Protection of the Public?

  • The public, who is supposedly being protected, does not have access to the NPDB

  • All board actions are reported to the data base

  • Once the reports are input,  they don’t ever get deleted

  • What results from this program?

  • There is no hearing, there is no follow up report of good standing if the charges or reported action are dismissed

  • This causes doctors to practice what is called “Defensive Medicine"

  • It is the art of performing unnecessary tests simply to “protect the doctor"

  • From Jackson Healthcare’s ongoing research:

  • Physicians estimate the cost of defensive medicine to be in the $650-$850 billion range, or between 26 and 34 percent of annual healthcare costs in the U.S.

 You Can Protect Your Practice and Yourself With A  PMA

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Private Membership Association

Legal Background

 

While not explicitly defined in the Constitution, the Supreme Court has acknowledged that certain implicit rights, such as association, privacy, and presumed innocence, share constitutional protection in common with explicit guarantees such as free speech. Specifically, the Supreme Court has described the right to associate as inseparable from the right to free speech.

 

The right of association under the Constitution was heavily litigated in the 1950’s and 1960’s, and association members’ rights were consistently upheld by the Court.  In fact, the right of association became a cornerstone of the civil rights movement.

 

In general, members of an association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations.  The exception to this general rule is when the activities of the private membership association "present a clear and present danger of substantive evil". 

 

 

 

 

 

A simple example of private associations are drinking clubs in Texas.  Since prohibition was repealed in 1933, regulation of the alcoholic beverage industry was delegated to individual states.  Some states, such as Texas, allow individual counties and cities to govern the sale of alcohol.  As a result, 46 out of Texas’ 254 counties are dry, meaning that sale of alcohol is forbidden.  However, you can go to virtually any restaurant in the dry counties and simply by joining their private associations or "drinking clubs", they can sell you and other members alcohol even though it is prohibited by local law! 

 

 

 

 

 

 

It is important to note that the right to associate is not limited to social or political activities.  According to the Supreme Court, this right can be utilized for business activities (e.g. sale of alcohol).  Members of a private membership association have the right to private contract under the due process liberty clause of the 5th and 14th Amendments, and states may not pass laws that impair the obligation of a contract.

 

In Thomas v. Collins, 323 U.S. (an important Supreme Court case) it was determined: "Great secular causes, with small ones, are guarded. The grievences for redress of which the right of partition was insured, and with it the righ of assembly, are not solely religious or political ones. And the righs of free speech and a free press are not confined to any field of human interest".

 

Under the First and Fourteenth Amendment of the U.S. Constitution and equivalent provisions of your State Constitution, you have the right to associate with fellow members and offer benefits and services that are outside of the jurisdiction, venue and authority of State and/or Federal agencies. What could come under scrutiny and in some cases be considered a criminal act outside the association can be perfectly legal within the protection of a private association.

 

Most Common Benefits of Operating Under a Private Membership Association

 

  • Operate a health (or other type of business) association outside the jurisdiction and authority of federal and state government and agencies involving association activities.

  • Maintain greater privacy of financial and business affairs of your health association activities.

  • Greater security of being able to continue operation in a world of changing laws and politics.

  • Increased profits due to unrestricted and beneficial structuring and strategies not available to regulated health association.

  • Instead of conducting business under a legal loophole, operate under a legal exemption decided by the supreme law of the land, i.e., the Supreme Court decisions interpreting the U.S. Constitution.

 

 

Many Restaurants in Texas Have Drinking Clubs 

Private Membership Associations

Thomas v. Collins, 323 U.S, 516 (1945) 

"The idea is not sound therefore that the First Amendments's safeguards are wholly inapplicable to business or economic activity". 

pma solutions is a private membership association

 

Our Constitution is the entire basis for what we do at pma solutions.  Since 1803 and a famous Supreme Court case Marbury v. Madison, the Constitution as interpreted by the U.S. Supreme Court, is the Supreme Law of the Land. 

 

If you are a doctor, medical technician, nurse, other health care practitioner, dentist; or if you are in the field of finance, a non-attorney trying to assist others with legal needs, or any field of human interest, a properly structured Private Membership Association can allow you to operate your business with the added protection of private domain rights.

 

Over the past several decades and due to favorable rulings, opinions and interpretations by the Supreme Court, the law of the land has highlighted our constitutional right to conduct business in the private domain versus the public domain.

 

In the public domain your your statutory business operates under the jurisdiction of the state or federal regulatory agencies designed to protect the public.  In the private domain of a private membership association PMA, you may operate outside the normal public jurisdiction and your association rights could only be restricted if "justified by clear public interest, threatened not doubtfully or remotely, but by clear and present danger". Thomas, 323 U.S. at 531.

 

We are not experts on the constitution, we are students.  The right of association is part of the "bundle of rights protected by the First Amendment and related to "the right of privacy implicit in the First Amendment."

 

"The right of association has become a part of the bundle of rights protected by the First Amendment, and the need for a pervasive right of privacy against government intrusion has been recognized, though not always given the recognition it deserves. Unpopular groups like popular ones are protected. Unpopular groups if forced to disclose their membership lists may suffer reprisals or other forms of public hostility. But whether a group is popular or unpopular, the right of privacy implicit in the First Amendment creates an area into which the Government may not enter." Gibson, 372 U.S. at 569-70 (citations and footnote omitted).

 

See generally NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958). The Court held that, “the immunity from state scrutiny of membership lists which the Association claims on behalf of its members is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing as to come within the protection of the Fourteenth Amendment.” Id. at 466. Justice Harlan opined that, “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces the freedom of speech.” Id. at 460

Contact us today to learn more about operating your new business as a private association in the private domain.

 

Click here to contact PMA Solutions with your questions and for more information.

 

 

 

 

 

 

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