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Financially-Challenged Manufacturers Can Create Unexpected Risks for Dealers

The farm equipment industry has been riding a wave of strong farm income over the last several years, leading to positive results for most in the industry.  But with commodity prices falling, relatively high used inventory levels, and reduced sales forecasts by suppliers, you need to be aware of some of the unexpected risks that […]

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CMS Releases New ACO Model

The Affordable Care Act (ACA) encouraged doctors, health care providers, and other medical professionals to participate in Accountable Care Organizations(ACOs), which are groups of medical professionals and healthcare providers that voluntarily unite to offer comprehensive treatment to Medicare beneficiaries.Specifically, the Medicare Shared Savings Program (“MSSP”) was designedfor Medicare fee-for-service participants to transition into the ACO model. […]

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Inventory Transfers: Buy-Back Laws Don’t Always Provide the Answer

Over the course of the last several years, Seigfreid Bingham has had the privilege of representing many equipment dealerships in their sale, purchase or merger.  During that process, I’ve discovered that most dealers view the transfer of new inventory (including parts) as almost an afterthought.  This view is based on the confidence dealers place in the buy-back […]

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Hospital Can’t Fire for Conduct During Peer Review

In order to provide the highest quality of care, and to ensure patient safety on the premises, hospitals throughout the country use a system of peer reviews to assess medical staff. Specifically, a group of employed medical professionals,acting as a professional review board, may bring a peer review action against physicians based on prior conduct. Further, communications […]

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Court Orders Divestiture Following Anti-Competitive Acquisition of Idaho Medical Group

The Federal Trade Commission (FTC), a government agency tasked with protecting consumers’ rights in the U.S., recently exercised its power in a case filed in Idaho, asserting that a healthcare acquisition within the state threatened competition, and pushed for the divestiture of the acquired group.   Background of the Case In 2012, St. Luke’s Health System, […]

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Customer Data & Privacy: What’s the Big Deal?

It seems like every week a company makes the news regarding theft of credit card data from millions of customers, concerns about the collection of call data by the National Security Agency and countless other stories about privacy.  You understand how this impacts you as a customer, but do you know how you are impacted as […]

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$39 Million Settlement Resulting from Kickback Allegations Resulting from Physician Speaker Fees

The U.S. Department of Justice recently announced that Daiichi Sankyo Inc.,a global pharmaceutical company based in New Jersey, agreed to pay the U.S.and State Medicaid programs $39 million in a settlement agreement regardingallegations that it violated the False Claims Act by paying physicians to prescribeits drugs. Those payments constituted illegal kickbacks, according to the DOJ. […]

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Patient Protection Regulations for 501(c)(3) Tax-Exempt Hospitals

Over the last several years charitable hospitals have been keeping an eye on the requirements of Code Section 501(r), which was added by the Patient Protection and Affordable Care Act.  In 2012 and 2013, the Internal Revenue Service issued proposed regulations to further define the scope of Section 501(r).  Section 501(r) contains operational restrictions and […]

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Implementing Important Dealer Protections Without Creating a Negative Customer Experience

Lawyers are always full of advice about how you should do this or that to protect you and your business.  Inevitably, that advice seems to require 5 pages of small print in a contract.  While your lawyer may have very good reasons for all the wording, you are thinking “how am I going to get […]

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IRS Issues Private Letter Ruling Benefitting Investor-Owned Hospitals and Other Companies that Manage Professional Practices

The Internal Revenue Service (IRS) issued a private letter ruling in December2014(PLR 201451009) that has gotten the attention of professional management companies and investor-owned hospitals that have managerial interests in captive professional corporations (PCs). The IRS ruled that captive PCs may be members of an affiliated group which includes the management company or investor-owned hospital […]

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