IC3 – Private Membership Association (PMA)
Executive Summary IC3 – Private Membership Association (PMA)
The video series discuss the role, benefits, and potential legal implications of Private Membership Associations (PMAs). PMAs are presented as a tool that professionals can leverage for indemnification through captive insurance and for dispute resolution. These associations function under a legal framework that ensures efficient communication, and decisions within a PMA should be documented. Importantly, PMAs don’t necessarily need to follow the established rules of professional associations and can define their own set of regulations.
PMAs utilize arbitration for dispute resolution, where decisions are made by arbitrators and have to be court-approved to be enforceable. Examples and cases, such as one from California’s Unemployment Insurance Appeals Board, underscore the importance of maintaining financial records and having clear rules for members, especially for professional groups like physicians that might move away from traditional licensing.
Potential legal issues that could involve court proceedings are also mentioned, and it is suggested that PMAs should consider legal representation. The influence of artificial intelligence (AI) is noted, and the possibility of AI infringing on the rights of individuals involved in PMAs is flagged as a potential future concern.
Private associations are positioned as problem-solving entities that can aid in navigating systemic issues and corruption. To be effective, these associations need to be more than just documents; they must comprise actual associated parties. They can function either regulated or unregulated, with the speaker advocating for “emancipation” from the current system. The speaker maintains that as long as private associations are not involved in actions that cause harm or risk to others, they can continue their activities.
In a healthcare context, physicians can use private associations to circumvent potential threats to their licenses and careers, and even bypass certain state licensing requirements. The speaker vouches for the legitimacy and protection offered by private associations, supported by case law and public policy. They also introduce the idea of third-party or ad hoc jury involvement in dispute resolution.
The speaker’s personal experiences with private associations suggest these entities can provide an escape from the existing system. They discuss operational aspects, stating that private associations can opt not to file tax returns and manage their finances privately, thus encouraging listeners to further explore these concepts.
Summary Video 1
1. The video discusses the concept of Private Membership Associations (PMAs) and how they can be leveraged by professionals. PMAs offer indemnification through captive insurance and methods for dispute resolution.
2. PMAs typically operate under a legal framework similar to Robert’s Rules of Order, which help large groups to communicate effectively.
3. Decision making within a PMA should be recorded, with details of who said what and what resolutions were made.
4. The video also explains that PMAs don’t have to strictly follow the rules of established associations such as the American Arbitration Association. They can have their own set of rules.
5. PMAs may also use the concept of arbitration where arbitrators, often retired judges or attorneys, make decisions in disputes.
6. If an arbitrator’s decision favors one party, that decision has to be approved by the court before it can be enforced.
7. The video discusses various examples including a specific case from California’s Unemployment Insurance Appeals Board. It highlights the importance of keeping financial records for legitimacy.
8. A PMA must also have clear rules and expectations for its members. For instance, professional groups like doctors are advised to establish their own rules when moving away from traditional licensing.
9. In the discussion, it is also highlighted that PMAs may face potential legal issues that would require court involvement, suggesting hiring an attorney to represent the corporation could be beneficial.
10. Lastly, the video highlights the influence of artificial intelligence (AI) in today’s society, suggesting potential future discussions on whether AI could infringe on the rights of individuals involved in PMAs.
Summary Video 2
1. The speaker discusses the idea and benefits of private associations, arguing that these can help in problem-solving and in navigating systemic issues and corruption.
2. A private association needs to be more than just a document; it needs to have actual associated parties, such as a group of physicians working together.
3. Private associations can be regulated or unregulated, with members held to the strict liability of a set of statutes. The speaker encourages considering “emancipation” from the current system.
4. The speaker asserts that private associations can continue their activities as long as they are not performing actions that are “substantially evil” or causing risk to others’ life, limb, or property.
5. In a healthcare context, the speaker describes how physicians can use private associations to avoid potential threats to their license and hence their career.
6. The speaker explains that private associations can help individuals to bypass certain state licensing requirements. Despite potential friction with professional licensing boards, they argue that this is manageable.
7. The speaker argues for the legitimacy and protection offered by private associations, stating that they are supported by case law and public policy.
8. The concept of dispute resolution within private associations is introduced. The speaker explains that this could involve a third party or an ad hoc jury to mediate disagreements.
9. The speaker describes their own experiences with private associations and suggests that these can provide a route to “emancipate” oneself from the existing system.
10. Finally, the speaker discusses the operational aspects of private associations. They suggest that these associations can choose not to file tax returns and can manage their financial arrangements privately. The speaker encourages participants to explore these concepts further.