top of page
HEALTHCARE LAW
You take care of your patients. Who takes care of you?

 

Our Healthcare Law Practice Group provides exceptional legal counsel to Pennsylvania healthcare professionals, providers and organizations of all types. Our approach is uniquely sophisticated, holistic, integrated, and solution-oriented, understanding that healthcare can be at once highly technical, highly regulated, highly competitive, highly entrepreneurial and yet a highly personal calling and a noble service to humanity. Answering the question above, we offer this response: At Buckley Brion, we are more than lawyers. We are trusted advisors and counselors who take care of our healthcare clients so they can do what they were trained to do.

 

Lead by a seasoned healthcare attorney with experience inside healthcare organizations and academia, our Healthcare Law Practice Group provides legal advice and representation to physicians, psychologists, dentists, sub specialists, practice groups, for-profit and nonprofit providers, elder care providers, institutional providers, outpatient centers, and therapeutic and diagnostic service providers. We offer the following services:

 

Healthcare Law Consultancy

–  Trusted, confidential advisors and counselors

–  Crisis response and management

–  Creative, strategic thinking

–  Problem identification and resolution

–  Second opinions

 

Healthcare Practice and Business Solutions

–  Healthcare startups and entrepreneurship

–  Practice/partnership creation and structuring

–  Practice/partnership acquisitions, sales and mergers

–  Provider service agreements/independent contractor arrangements

–  Strategic planning, alignments and joint ventures

–  Corporate structuring and governance

–  Practice/partnership succession planning

–  Practice/partnership dissolutions and business “divorces”

–  Litigation

 

Healthcare Licensing, Contracting, Reimbursement and Compliance

–  Licensing and credentialing

–  Medicaid/Medical Assistance/Medicare contracting and billing

–  Managed care contracting and billing

–  Compliance questions and consulting

–  Compliance program design

–  Internal auditing and investigations

–  Response to external audits and investigations, claims disputes and take-backs

–  Fraud and abuse, Stark Law, anti-kickback, false claims

–  HIPAA/HITECH

–  Litigation

 

Healthcare Employment Solutions

–  Employment contracts and compensation structures

–  Employment and benefits questions and compliance

–  Employment discrimination

–  Employment termination

–  Employer/employee disputes and negotiations

–  Litigation

 

Healthcare Real Estate Solutions

–  Office space leasing

–  Office space acquisition

–  Office space development, design, financing and construction

–  Landlord/tenant disputes

–  Litigation

 

Healthcare Intellectual Property and Academic Research Solutions

–  Intellectual property protection and branding (copyright, trademark)

–  Patient records ownership and protection

–  Academic research collaborations

–  Publishing

 

Beyond Healthcare Solutions

–  Entrepreneurial ventures outside of health care

–  Personal real estate matters

–  Personal Estate planning

–  Personal family matters (separation, divorce, child custody)

–  Business and personal dispute negotiation and resolution

–  Litigation

OUR TEAM

 

James Kimmel, Jr.

(Group Leader)
p: 610.347.0780
jkimmeljr@buckleyllp.com

 

​

​

​

​

 

​

When a trust inherits a retirement account, one drafting choice can determine whether withdrawals must reach the beneficiary or can remain protected in trust.

​

A conduit trust requires distributions received from the retirement account to be paid promptly to, or for the benefit of, specified trust beneficiaries. An accumulation trust is a qualifying “see-through” trust that does not impose that pass-through requirement. These are federal retirement-distribution classifications, not two entirely different kinds of Pennsylvania trusts. Treas. Reg. § 1.401(a)(9)-4(f)(1)–(2).

 

Why the distinction matters

 

A conduit provision can simplify which trust beneficiaries count under the retirement-account rules, but it also means the trustee cannot retain account withdrawals for later use. An accumulation trust can preserve funds for a beneficiary who needs help managing money or protection from creditors. In exchange, remainder beneficiaries may count when determining the applicable payout rules; a poorly coordinated trust can produce an unexpectedly short distribution period. Treas. Reg. § 1.401(a)(9)-4(f)(3), (6).

 

Neither design automatically allows an IRA to remain intact for a beneficiary’s lifetime. For many non-spouse beneficiaries, the inherited account must be fully distributed by the end of the tenth year after death; annual withdrawals may also be required if the owner dies after the required beginning date. Special rules apply to surviving spouses, minor children of the owner, and certain disabled, chronically ill, or similarly aged beneficiaries. Treas. Reg. §§ 1.401(a)(9)-4(e), 1.401(a)(9)-5(d)–(e).

 

The question to ask: Is it more important to give the beneficiary access to each withdrawal, or to let a trustee retain and manage those withdrawals? Review the account designation, trust beneficiaries, distribution terms, and tax consequences together before naming a trust as beneficiary.

  • Facebook Social Icon
  • LinkedIn Social Icon
  • Twitter Social Icon
bottom of page