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As
all GPs know, Minor Surgery is sometimes needed
to correct a problem.
Sometimes,
our statistical comparisons throw up a shortfall in
a practice's income generation from some source. Or
perhaps staff reimbursement percentages have fallen
compared to the previous year. Or maybe costs of medical
supplies are out of line with other practices. Our Profit
Improvement scheme tackles any such area,
making tangible improvements to the bottom line.
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When
things are going well in a partnership, a Partnership
Agreement is almost superfluous. But when
things go wrong! A well constructed, easily read
Partnership Agreement will pay for itself 100
times over if there is a partnership dispute,
and may well prevent the dispute arising in the
first place. Read the Partnership Agreement tips
contributed by our legal practice associates,
Davidson Chalmers.
Most
GPs have a very full life outwith the practice
- with large financial commitments! School fees,
big mortgages, kids at university - the list goes
on and on . Many want to retire at 55, but the
strain on their finances prevents them from doing
so. But it is all achievable if you embark on
a Financial Planning exercise
early enough. Read our financial planning section
contributed by our associated independent financial
advisers, Condies
Wealth Management Ltd. to see what steps you
can take.
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Profit
Improvement
As
explained in our Annual
Accounts page in the Medical Records section, part
of the process involves a detailed comparison of the
practice's financial performance against the previous
year, against published national averages, and against
our own Inter Practice Comparison. There is little point
in doing this unless the information is going to be
used in some way.
Sometimes,
our statistical comparisons throw up a shortfall in
a practice's income generation from some source - perhaps
fees from writing insurance reports have fallen by 10%
on the previous year, and are below the average for
a practice with your list size. Or maybe locum reimbursements
have fallen compared to the previous year. Or costs
of medical supplies are out of line with other practices
. Our Profit Improvement scheme tackles any such area,
making tangible improvements to the bottom line.
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The
scheme involves one of our specialist team spending
time with your Practice Manager at the practice,
reviewing the relevant internal procedures, and
carrying out further analysis of the offending
item(s). We then prepare a detailed report explaining
how the problem has arisen, and what corrective
action is needed. Often, if our findings are that
the practice has missed out on a claim or reimbursement
to which it is entitled, the Health Authority
can be persuaded to make up the shortfall retrospectively.
Because
Profit Improvement assignments can be quite varied
in the extent of the remit, this work is charged
for on the basis of time necessarily spent on
the task. An indicative fee will always be given
in advance if requested however.
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Partnership
Agreement
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Our
legal services are provided by Davidson
Chalmers, a medium sized commercial firm based
in Edinburgh.
Modern
Partnership Agreements provide an opportunity
to avoid some of the pitfalls of the Partnership
Act 1890 which is still in force today and is
the legislation responsible for setting out the
general law of partnerships. Unless your Agreement
provides otherwise the Partnership Act will apply
in a number of ways, the effect of which might
be to create a situation which none of the partners
had contemplated. For example, any partner withdrawing
from your practice will have the effect of dissolving
it.
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This
could have serious consequences for the practice, and
could afford the withdrawing partner an opportunity
to have patients transferred with him to his new practice.
Your Agreement should have clearly worded provisions
dealing with withdrawal and specifying that unless a
specified majority, usually 75%, agree with the withdrawing
partner, the partnership will continue to operate between
the remaining partners.
Your
practice should also consider whether or not to restrict
a withdrawing partner from attempting to take some of
your practice's patients and employees with him to his
new practice. While this may not be relevant if he is
contemplating a move out of town, it is a consideration
if he is or could be moving to another practice nearby.
Generally, the courts take a dim view of these restrictions,
called restrictive covenants, as they seek to prevent
someone from earning a living and so to be enforceable
the covenants must be reasonable. There is little value
for example in preventing a colleague from poaching
an office cleaner or restricting him from taking patients
to his new practice in Glasgow when yours is in Edinburgh.
You are likely to be able to enforce a covenant if it
relates to poaching senior employees like your practice
manager and seeks to prohibit the transfer of patients
to his new practice a mile or so away from yours. Much
depends on the circumstances however and the mood of
the judge on the day if you end up disputing enforceability
in the courts. A carefully drafted provision in your
Agreement is vital.
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Partnership
Agreements are not all doom and gloom! There are
some day to day issues to deal with governing,
for example, the financial aspects of the practice
and also decision making. As the numbers of partners
in a practice increase, it may be easier to circulate
details by email of any issues requiring a partnership
wide decision. But should a decision be by simple
(50.1%) majority or a special (75%) majority or
even higher? Much will depend on the circumstances.
What is crucial though is that the issues are
thought through in advance and your practice has
a clearly defined procedure for decision making.
It may be more efficient to structure your partnership
into committees where each takes responsibility
for a different area of management such as finances,
buildings or employees.
If
your surgery premises are owned by a group of
partners in your practice, it may not be appropriate
or desirable to have incoming partners sharing
in the future increase in value of the building.
Property ownership will be more complex when there
are loans and endowment policies involved. Your
practice premises are a very valuable asset and
merit detailed thought. There are numerous issues
to address when sitting down to consider a new
Partnership Agreement. We would like to have the
opportunity of helping you to identify the issues
which are appropriate for your practice and to
save you time and money by avoiding unnecessary
complications in the future.
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Should
you wish to discuss your Partnership Agreement, or any
other legal aspect of your practice, please contact
Andy Drane at andy@davidsonchalmers.com

Financial
Planning
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Regulated
by the Personal Investment Authority, Condies
Wealth Management Ltd provides independent,
impartial advice on all aspects of financial planning
tailored to GPs' requirements. In the complexity
of today's marketplace our Advisers have the knowledge
and experience to confidently guide you through
the financial maze.
Not
always thought of as a 'people business' our vision
is just that; to develop and nurture long term
relationships with the emphasis firmly based on
trust. Of course, we are equally aware that professional
integrity is just as important and that decisions
taken based on the advice given are vital to your
financial security, and peace of mind.
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It
is a notoriously well-known fact that GPs have a distinct
lack of time. We aim to provide you with adequate information
and advice to allow you to make the decisions necessary
to meet your financial objectives with the least amount
of fuss. Below we have identified just some of the areas
giving GPs sleepless nights!
Early
Retirement
Many
GPs are seeking to take early retirement from the NHS.
Taking pension benefits from the Scheme will result
in an actuarial discount being applied to the benefits.
The tax-free lump sum and pension income can reduce
considerably upon taking early retirement from the NHS.
The earlier you retire, the greater the reduction in
benefits. A strategy of building up capital will provide
income independently from the NHS Scheme allowing early
retirement to take place and avoiding the actuarial
discount.
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Pension
Provision
GPs
contribute 6% of their NHS earnings as a personal
contribution into the NHS Scheme. Retirement benefits
can be augmented by giving up the tax relief on
the 6% contribution. Giving up the 'A9 benefit'
will allow NHS earnings to be pensioned in full
leading to potentially large levels of income
tax relief. For those GPs who have private earnings
pension contributions may also be made against
these earnings, once again attracting tax relief.
Alternatively, NHS benefits can be enhanced by
contributing into Additional Voluntary Contributions
also attracting tax relief.
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Income
Protection
Statistically,
you are 4 times more likely to be diagnosed with a critical
illness than you are to die prematurely (as you should
know!). Are you confident that adequate income arrangements
are in place to ensure financial security in the event
of long-term illness or disability? The consequences
of inadequate protection could severely compromise you
and your family's future security. A financial review
of your existing protection arrangements would ascertain
whether they are appropriate to meet your objectives.
Mortgages
Interest
rates are presently at their lowest for 35 years. Perhaps
your mortgage would benefit from a health check. A quick
phone call and a few simple questions will enable us
to diagnose if you will be better off transferring to
another lender. We have access to all major and minor
lenders in the UK and their interest rates which are
updated on a daily basis. We will do the legwork on
your behalf comparing all rates, and the small print.
Please
feel free to contact Callum Reid on 0131 622 4400. Alternatively,
you can email Callum on callum.reid@condieswm.co.uk.
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