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click here. 10 May JMBM's 24th annual hotel conference Meet the Money ® , JMBM's national hotel — May 10, Scott Brink. by Mitchell Chadwick LLP Annual Meeting of Members:Board Elections . Jeffer Mangels Butler & Mitchell Scott Brink, Jeffer Mangels Butler. Now, according to my partner, labor and employment lawyer Scott Brink, the NLRB's authority to Scott Brink | Hotel Lawyer, JMBM Global Hospitality Group ®.
Owners see a number of benefits to limiting competition within the brand: This makes it more difficult to present a predictable guest experience and reduces loyalty.
Maintaining occupancy and rate — multiple competing hotels in a market makes it more likely that each hotel will operate at less than optimal occupancy, driving lower rates and resulting in direct financial and reputational loss. Hotel owners recognize that they benefit from having an adequate number of rooms in the market; they also recognize that a surplus of rooms results in losses. Intra-brand conflicts — the entry of a new competing hotel can come at the expense of an older property.
A new property may have facilities that make it more attractive than an older property. Moreover, the brand will have to allocate scarce resources personnel and funds to the new property, diluting its attention to the existing hotel. Typical terms for territorial protection Given the importance of a territorial protection, brands offer limited comfort to owners. First, the area of protection generally covers only the specific brand, not potentially competing affiliated brands.
Thus, a brand can open multiple flags appealing to the same clientele without limitation. While brands claim that each flag attracts only a specific clientele, and different brands under the same ownership do not compete with each other, that suggests a level of differentiation among consumers that may not be clear. Second, the term of the exclusion typically covers only a portion — often a small portion — of the term of the franchise or management agreement.
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Brands limit the term because of the belief that a stabilized property can compete effectively with a new property. However, as noted above, new properties have inherent advantages; in fact, an older brand might need more protection in the later years of its term than the early ones. While brands take the position that since this does not change the competitive landscape, it ignores the fact that a new hotel under the same name will come onto the market must create a change.
Why do brands care? Brands resist territorial protection for the same reason they resist any restriction on their operations — their goal is to expand to as many properties and rooms as reasonably possible, and an area of protection that seems reasonable today may not give the brand adequate room for expansion in the future. So in the shadow of the large question mark, health care providers can continue to expand and adapt to the new era.
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What are the forces that will continue to transform health care? This is no longer the case; Microsoft, Apple, and Google all have major health care divisions now, and companies of that size will have a big impact on the health care market. For example, iPhones have now become portals for diagnosing health care conditions, helping to enable telemedicine and preventative care. IBM has developed Watson, a broad artificial intelligence engine, and doctors across the country are using it to diagnose patients with greater accuracy.
Health care is such a large market in the U. Consider HMO insurance plans as an early U. HMOs look almost primitive now compared to the way their models have metamorphosed into sophisticated pay-for-performance systems. In the last few years, the federal government has initiated significant quality incentives in the health care system. Here are some of the best examples: Medicare now penalizes hospitals for many readmissions, so hospitals are highly incentivized to coordinate surgery discharges with other providers, such as nursing homes, to ensure consistent follow-up care that avoids readmissions.
Bundled payment programs like this relieve the government of the need to police quality of care, because they incentivize providers to police each other. Pay-forperformance is replacing fee-forservice payment, and this trend will continue; the federal government is saving far too much money to go back to its old ways of paying fee-for-service, and as the most influential payor in the market, when the federal government moves, the rest will follow.
There is a lot of truth to this, and the market is adjusting for it. Many employers now give lower health insurance premiums to employees who participate in voluntary programs to improve and track their health, and the expansion of early-stage, pay-forperformance models will continue to curtail unnecessary procedures. But there is a third major driver of cost in the U. The federal government is addressing this through networks such as Affordable Care Organizations, where providers work together and then receive bonuses for cost savings that are achieved from early intervention and coordinated care.
Participation in networks will become more and more critical, and financial incentives will be wrapped into coordinated care. Payment comes from a combination of insurance plans, Medicare, Medicaid, government plans, and then maybe some from the patient. Just a few years ago, providers received very little reimbursement directly from their patients patient pay. But with the tremendous growth of health savings accounts HSAsprivate pay has expanded dramatically as a percentage of reimbursement.
HSAs introduce consumer choice into health care, because now consumers with large deductibles compare prices and reputations when they choose their health care providers. Over the last few years, some surgery centers and other providers have begun posting their prices in order to attract consumers.
This was virtually unheard of in health care 10 years ago. Congress initiated the most significant health care building boom of the 20th century with the passage of bestlawfirms. Facilities ranking between three to five stars can obtain additional payments from Medicare that one- and two-star facilities cannot. Expect financial incentives to expand over the next few years.
Bythe U. As technology and competition continue to provide alternatives to traditional providers like hospitals consider surgery centers and urgent care clinics and skilled nursing consider home care and assisted livingthere is a growing separation between the operations of health care providers and their physical facilities. This creates two market opportunities. First, health care providers can generate substantial cash from the sale of their real estate to real estate investment trusts REITs and other land-focused companies.
The providers get back long-term leases on their former properties and can partner with the REITs for expansion and upgrade opportunities. Providers can focus their new money and attention entirely on operations, freeing themselves from traditional distractions of land ownership and expansion. Second, some traditional providers in recent years have decided to sell their operations in toto to competitors and keep the real estate, converting themselves into REITs or landlords to insulate themselves from the transforming health care market until the dust settles.
This will not happen again; the insurance industry recognizes that more change is coming, and the industry is prepared for the opportunities this presents.
We believe that the newly insured under Obamacare are unlikely to 24 become suddenly uninsured for two reasons. First, politically, it would be a public relations disaster, and second, financially, health insurers and providers are highly invested in maintaining and increasing insurance coverage.
Providers should take note from the insurance industry and similarly prepare to influence change in the system, not merely react to it. In addition, providers such as hospitals are often the largest employers in rural counties, and they are significant economic drivers in both urban and rural communities.
They are also critical to providing care near the site of the patient. The health care safety net built over the last 70 years in the U. Instead, the federal government and the states continue to develop programs to preserve community providers, including Critical Access Hospital CAH designations that allow higher reimbursement, and Upper Payment Limit programs, where a hospital and nearby nursing homes join together to receive more favorable reimbursement.
We believe that one of the best ways to predict trends in the health care market is using the Acuity Principle. The Acuity Principle states that the only way to provide better care to more people, without either rationing health care or bankrupting the U.
All health care providers fall somewhere on a continuum from high acuity settings to low acuity settings. What are examples of different acuity levels? Many traditional providers, such as hospitals and nursing homes, are high acuity settings. These facilities are the best places to handle major crises or constant care.
In the center of the continuum lie mid-acuity settings, such as surgery centers, assisted living facilities, and imaging centers. When implementing the new regulations, employers should be mindful of more restrictive state law exemption requirements that may apply to their employees.
California employers who paid employees the lower federal minimum would lose the exemption. Employers must continue to comply with higher state law standards. He ha over 15 years of experience representing employers in all aspects of labor and employment law. An experience trial attorney, Mr. Brink has litigated a number of high-profile and complex cases involving a wide range of labor and employment law matters. For more information, contact Scott Brink at