iProtean—Boards, Executives and Attorneys Eye Legal Issues for 2014

The Affordable Care Act (ACA) and other compliance issues will challenge boards and executives throughout 2014. Many of these challenges have legal implications. AHLA Connections recently provided a list of the top 10 health law issues in 2014 (“Top 10 Health Law Issues 2014, AHLA Connections, February 2014): ACA implementation Moving from quantity to quality […]

iProtean—FTC Orders Unwinding of Merger Between Health System and Physician Group

Last week we reported on a new report that found no conclusive relationship between hospital consolidation and price increases in a community. There is a new wrinkle, however. A hospital or system merger with a large physician group practice may not pass the competition/price increase test. In Idaho last month, a district judge sided with […]

iProtean—OIG Releases Strategic Plan

Compliance and risk management efforts of hospitals and health systems should focus on indications from the Department of Health & Human Services (HHS) Office of the Inspector General (OIG) about the direction it intends to take to investigate fraud, waste and abuse. We have talked with OIG investigators over the years who have been straightforward […]

iProtean—Thoughts from Leading Governance Experts on Succession Planning

Note: Because of the Thanksgiving holiday, this week we are publishing an abbreviated version of the newsletter. Next week look for information on Moody’s Investors Service 2014 Outlook for U.S. Not-for-Profit Hospitals.   We wish you all a lovely Thanksgiving.   When a hospital or system board takes steps to downsize its board, the process […]

iProtean—How the Government Shutdown Affects Health Services

This week’s newsletter comes a few days earlier than usual because we want our subscribers to have a full picture of the impact of the government shutdown on public health. Thanks to the American Health Lawyers Association, we can present a summary.   The shutdown began on October 1, resulting from the Senate’s vote to […]

iProtean—Effective Board Education

Governance practices in the for-profit sector are not much different from those in the hospital/health system not-for-profit world. Consider this on board education from Deloitte Center for Corporate Governance:  “Today’s boards of directors are facing an unprecedented level of scrutiny and pressure from shareholders, the media, institutional investors, and other stakeholders.  Boardroom training and development […]

iProtean—CMS Proposed Rule Will Reduce Regulations for Hospitals

The Centers for Medicare & Medicaid Services (CMS) continues to take steps to reduce unnecessary and burdensome regulations on hospitals, according to a recent CMS press release.  “Reforms to Medicare regulations identified as unnecessary, obsolete, or excessively burdensome on hospitals and health care providers would save nearly $676 million annually, and $3.4 billion over five […]

iProtean—Increase in Hospital-Employed Physicians

Guest Submission:  Barry Bader, Bader & Associates   Physician participation on hospital boards has been a widely recommended practice for several decades—a way to strengthen hospital-medical staff relationships and build the board’s competency in clinical matters.  Surveys generally show that 15% to 25% of the typical hospital board is composed of physicians, often including the […]

iProtean—Compliance in a Health Reform Environment

What is a hospital/health system board’s accountability standard for compliance in the current health reform environment?  The board’s oversight responsibility remains the same, said Monte Dube, Esq., at the recent iProtean Symposium.  Directors still have two principal obligations with respect to oversight:  a duty to attempt in good faith to assure that 1) a corporate […]