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Governing Board Accountability and Oversight of Quality

The past decade has seen a revolution in corporate governance and in the expectations set for corporate directors. Fiduciary duty has come to mean that directors must be active participants in oversight, not mere passive recipients of information.Health care provider organizations face a variety of challenges and opportunities in the accountable care era. As fiduciaries, board members must address several key issues in this period of payment reform. Payment changes will reduce reimbursement to providers who score poorly on quality measures or who evidence inefficiencies such as above-average readmissions. The shift to various forms of pay for performance, bundled payments, global- or population-based payments, and other value-based reimbursement methodologies will require infrastructure investments by providers that may or may not be reimbursed. With the increasing focus on quality measurement and reporting, boards  are faced with the prospect that these initiatives may uncover indications of fraud and abuse and trigger judgments against providers making claims to public and private payers for care that is ultimately deemed substandard. Expanded quality data reporting and transparency requires board oversight to assure that the reports are accurate and that compliance plans are enhanced to address these expanded concerns.

The articles and papers contains in the section discuss these issues from a variety of perspectives.

  • Health Affairs Article – A New Quality Compass: Hospital Boards’ Increased Role Under the Affordable Care Act

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  • Center for Healthcare Governance – The Evolving Accountability of Nonprofit Health System Boards

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  • Center for Healthcare Governance – Helping Boards Achieve and Demonstrate Accountability

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  • Corporate Governance, Health Care Quality, and Accountable Care

    Douglas A. Hastings
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  • Quality in Action: Paradigm for a Hospital Board-Driven Quality Program

    Elisabeth Belmont, Claire Cowart Haltom, Douglas A. Hastings, Robert G. Homchick, Lewis Morris, Robin Locke Nagele, Kathryn C. Peisert, Brian M. Peters, Beth Schermer, and Julie Taitsman
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  • The Health Care Director’s Compliance Duties

    Douglas A. Hastings, Epstein Becker & Green, P.C.; Lewis Morris, Office of Inspector General, U.S. Department of Health & Human Services; Michael W. Peregrine, McDermott Will & Emery, LLP
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  • GAO Board Report

    In December 2015, the U.S. Government Accountability Office (“GAO”) issued a report addressing gender diversity on corporate boards.

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  • The “Yates Memorandum”

    Sally Q. Yates, the Deputy Attorney General at the U.S. Department of Justice (“DOJ”), issued a widely-publicized and highly-controversial memorandum to all DOJ attorneys designed to combat corporate misconduct and seek accountability from individuals involved in suspected corporate wrongdoing.

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EBG Advisors is affiliated with the law firm of Epstein Becker & Green, P.C., which has a health care and life sciences legal practice that is among the nation's largest.

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