The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations:
OVERSIGHT OF CORPORATE CULTURE -
A significant emerging...more
THE #1 FIDUCIARY DUTY ISSUE OF 2017 -
Positioning boards to exercise heightened engagement within the current “climate of uncertainty” is possibly the most important health system governance challenge of 2017. To...more
The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations:
HEALTH POLICY INITIATIVES -
Perhaps the most...more
EMPHASIS ON DIRECTOR EDUCATION -
The board development committee may wish to reconsider its director education program for 2017 following two recent and unrelated developments. The first is a greater articulation of...more
It is vitally important for the health system board, as well as certain of its key committees, to receive an introductory briefing as soon as possible on the health policy implications of last week’s Presidential and...more
Conflicts of Interest -
As the daily headlines make clear, issues associated with governance conflicts of interest are very much “on the front burner” and the focus of media scrutiny. These types of issues typically...more
New Officer and Director FCA/Stark Exposure -
Recent developments may merit a measured briefing to corporate leadership on the potential exposure of health industry officers and directors to financial penalties and other...more
10/7/2016
/ Antitrust Investigations ,
Attorney General ,
CEOs ,
Chief Compliance Officers ,
Compliance ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Nonprofits ,
Settlement ,
Stark Law ,
The Clayton Act
The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations:
BUSINESS ROUNDTABLE GOVERNANCE GUIDELINES -
In an...more
9/9/2016
/ Alternative Payment Models (APM) ,
Board of Directors ,
Business Roundtable ,
Caremark claim ,
Conflicts of Interest ,
Corporate Governance ,
Diversity ,
Fiduciary Duty ,
Governance Standards ,
Internal Revenue Code (IRC) ,
IRS ,
Severance Agreements ,
Shareholders
McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery...more
9/2/2016
/ Alternative Payment Models (APM) ,
Board of Directors ,
Children's Health Insurance Program (CHIP) ,
Corporate Governance ,
Fee-for-Service ,
Fiduciary Duty ,
Health Care Providers ,
Medicare ,
Medicare Access and CHIP Reauthorization (MACRA) ,
Medicare Payment Reform ,
Provider Payments
The Hershey Governance Settlement -
On Friday, July 29, the Pennsylvania Attorney General, the Hershey Trust Company and the Milton Hershey School, entered into a written settlement resolving an investigation conducted...more
8/5/2016
/ Antitrust Investigations ,
Attorney General ,
Board of Directors ,
Breach of Duty ,
CEOs ,
CFOs ,
Conflicts of Interest ,
Corporate Counsel ,
Corporate Governance ,
Corporate Officers ,
Cybersecurity ,
Department of Justice (DOJ) ,
Executive Compensation ,
Fiduciary Duty ,
Nonprofits ,
Settlement ,
Term Limits
On July 21, a diverse consortium of leading corporate executives and business leaders released the compilation, "Commonsense Principles of Corporate Governance."...more
The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations:
EXPANDING ROLE OF GENERAL COUNSEL The April 12 survey...more
Health care general counsel should review, and brief their internal clients on, the new Practical Guidance for Health Care Governing Boards on Compliance Oversight (Guidance), released on April 20, 2015. A joint effort by...more
As the hospital consolidation market continues to grow, most consolidation transactions involve nonprofit health systems. Nonprofit boards of directors should prepare well in advance to evaluate consolidation opportunities...more