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OIG’s Possible Sanctions for Exclusive Service Agreements

[fusion_text]Exclusive service agreements are designed to establish a loyal relationship between two partners. Specifically, these agreements act as covenants providing that, in the case of a service provider and a user, the user will procure services from the provider, and no one else. Recently, however, an exclusive service agreement proposal between a medical laboratory and […]

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Rumble v. Fairview Health Services – Court Opinion on Transgender Discrimination Important for Health Care Groups

In June of 2013, a patient checked into a hospital emergency department with complaints that his reproductive organs were causing him extreme pain. The patient identifies as a male, but was given a hospital identification bracelet stating that he was female due to his existing medical records and genitals. Following his hospital stay, the patient […]

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CMS Releases Its Stage 3 Proposed Rule Regarding Meaningful Use

On March 20th, the Centers for Medicare & Medicaid Services (CMS) issued its Stage 3 proposed rule to the Medicare and Medicaid Electronic Health Records Incentive Program.  To qualify for the Program incentives, and to avoid negative payment adjustments absent an applicable hardship exception, eligible professionals and hospitals must certify they have achieved certain benchmarks […]

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Pay Me, Please. How Do I Get Customers to Pay for Repair Work?

Each of you repair your customer’s equipment every day.  Although this work is a profitable addition to your dealership’s business, you inevitably deal with customers that can’t or won’t pay for your services. I get many calls from dealers in this situation.  The good news is that you usually have legal rights to help you […]

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New IRS Penalty Relief for Small Employer Health Insurance Premium Payment Plans

[fusion_text]Business owners nationwide have been scrambling to find ways to adhere to the rules and regulations set forth in the Affordable Care Act (ACA),which was enactedin 2010. Of course, many of the provisions regulating small businesses and theirowners did not come into effect until 2015, although thisstill presented significant challenges for many. Specifically, one of […]

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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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