Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your questions. I'll be glad to assist.
Hello, does my problem fit your expertise?
Roger : 1. It is legal to have surveillance cameras in the waiting room and common areas (non-private) as the consumers do not have a reasonable expectation of privacy there. It is not a HIPAA violation IF no record is made.
Roger : However, placing cameras in private areas - - session rooms and private counseling rooms - - that could be an issue.
Roger : Even if it's not a violation of HIPAA, it could be a violation of privacy rights.
Roger : Thus, any cameras that are not in common areas should likely be removed.
Roger : 2. As long as the significant other of your partner is not a member of the LLC, this should cause you no issues as far as the company is concerned. It may be that the state or some agency says that she's not qualified because of past criminal conduct. If that were to occur, she may be disallowed from working there.
Roger : 3. Your partner couldn't necessarily dissolve the company if you wanted to keep it in operation. However, you would have to buy him out for a value that you agree to in order to prevent a liquidation.
Roger : If you didn't buy him out, then he would have the right to liquidate the company, assets, etc. in order to recover what he can of his investment.
The company does not have any assets, other than the contracts that should produce 150k - 250k monthly.
Roger : Ok. The contracts would be considered an asset of the company, so there is value there.
Roger : Obviously, you have to perform in order to receive payment, but there is the potential for a significant amount of income for the business.
Roger : Hopefully, you and your partner can resolve these issues and continue moving forward with your business plan. However, you certainly need to address the issue of the cameras in private areas as that could get the company in some hot water.
Dissolving the llc and relocating will cost time and money and probably will affect the contracts too. If they are ready to lose their part and force me to look for a new location could this work in determining the buy out price.\?