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
Center for Healthcare Governance – The Evolving Accountability of Nonprofit Health System Boards
Center for Healthcare Governance – Helping Boards Achieve and Demonstrate Accountability
Corporate Governance, Health Care Quality, and Accountable CareDouglas A. HastingsRead More
Quality in Action: Paradigm for a Hospital Board-Driven Quality ProgramElisabeth 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 TaitsmanRead More
The Health Care Director’s Compliance DutiesDouglas 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, LLPRead More
GAO Board ReportRead More
In December 2015, the U.S. Government Accountability Office (“GAO”) issued a report addressing gender diversity on corporate boards.
The “Yates Memorandum”Read More
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.