Governing Health

On this episode - the second in our new Governing Health special edition series - , Co-Founder and Managing Director of  Kaufman Hall and discuss a number of important post-pandemic developments, including:     Long-term impact of the successes and challenges of the COVID-19 vaccination process Strategic implications in transitioning beyond the worst of the pandemic Traits of healthcare organizations that will emerge from the pandemic stronger than before Appropriate board response to the mental and physical exhaustion of healthcare workers Corporate ESG reporting and healthcare’s role in the corporate social responsibility movement Guidelines for selecting board members and director compensation arrangements Appropriate responses to media coverage of health industry corporate responsibility, and potential for related government inquiry Anticipating and preparing for post-pandemic uncertainties   The pandemic has presented exceptional opportunities for growth and change in the healthcare world. Boards have been given the opportunity not only to look back on all that has happened but also where to go from here. Additional Resources:

The amount and cost of D&O coverage is a matter of basic concern to the healthcare director. There is a direct link to the commitment with which the board and individual directors approach their fiduciary duties, and the scope and effectiveness of D&O coverage.

This episode of the Governing Health podcast features special, real-world questions from healthcare chief legal officers for D&O expert, attorney, and Executive Vice President of R-T Specialty, LLC Kevin LaCroix. Kevin and Michael talk us through:

> The increasing cost of D&O coverage during the current “hard market”

> The relationship between effective governance and mitigation of D&O costs

> The D&O benefits of thoughtful post-pandemic return-to-work protocols

> Coverage issues relating to the definition of “claim” and the impact of a conduct exclusion

> The importance of maintaining corporate formalities at the board level

> D&O coverage issues arising from cybersecurity breaches

> Impact on D&O coverage from claims arising from inferior PPE offerings during the pandemic

> Privacy issues as a major looming D&O coverage concern

A Special Edition Governing Health Series

This episode - the first in our new Governing Health special edition series - features Ken Kaufman, Co-Founder and Managing Director of Kaufman Hall. Ken will join us as a co-host with Michael Peregrine for the Board Dialogue series, which will feature robust discussions of the governance trends and health industry issues of the day.

On this episode, Ken and Michael cover the turbulence that has resulted from the rollout of the COVID-19 vaccine, the transition of the presidential administrations, and the larger issues of public discord and their resulting impact on healthcare. Their conversation highlights what exactly it will take to make 2021 the year of action and results in the healthcare industry.

As the year end approaches, hospital and health system executives and their governing boards would do well to examine the lessons learned over the course of this unprecedented year. On this episode of the Governing Health podcast, we examine various aspects of the impact of the pandemic from the corporate healthcare point of view. McDermott Will & Emery healthcare governance partner Michael Peregrine engages in a year end retrospective with top healthcare strategist Ken Kaufman, co-founder, Managing Director and Chair of Kaufman Hall, regarding where the healthcare system stands right now, the challenges it’s likely to face in the coming year and suggestions on how to navigate those challenges, including:

• The value of revisiting statistics and identifying lessons learned from initial COVID-19 responses

• Insights into the role of healthcare boards in the evolution of mitigation strategies and the distribution of a COVID-19 vaccine

• Lessons learned from initial actions regarding elective surgeries

• The impact of the pandemic on previously competitive hospitals as well as with big tech companies

• Which transformational aspects of telehealth will be implemented and funded in a post-COVID-19 environment

• The likelihood of a corporate response to the COVID-19 pandemic regarding business resiliency and reimagining the healthcare system

• Changes to the board-management relationship and the expectation of board members speaking out on social justice issues

• Consequential actions that need to be taken regarding underperforming boards

• Administrative factors that have the potential to change with the Biden-Harris administration

As the accreditor for over 22,000 healthcare facilities, the Joint Commission plays an important role in setting standards for quality and patient safety. It also evaluates the governing bodies and governance structures of healthcare organizations, ranging from acute care facilities and small not-for-profits to large, for-profit multi-hospital systems. Healthcare organizations are focusing more clearly on the benefits of greater system-wide board collaboration on quality of care and patient safety for the business enterprise as a whole.

On this episode of the Governing Health podcast, Michael Peregrine is joined by the Joint Commission’s Chief Medical Officer Dr. Ana McKee and its General Counsel Lisa Vandecaveye, as well as McDermott Will & Emery partner Sandy DiVarco, to discuss the Commission's role in quality assessment and improvement programs, and more.

Compliance with state charity laws is both an important governance issue and a legal feasibility concern for not-for-profit health systems and their boards. Senior leadership of charities should be aware of the role and jurisdiction of state attorneys general and their charity officials. On this episode of the Governing Health podcast, Yael Fuchs, President of the National Association of State Charity Officials (NASCO) and Co-Chief, Enforcement Section, of the Charities Bureau of the New York Attorney General’s Office*, joins Michael Peregrine to discuss recent enforcement trends health system leadership should monitor and resources available to help not-for-profit systems and their boards survive during the COVID-19 crisis.

* Yael’s views are her own and are not and should not be taken as legal advice or the position of NASCO, the New York Attorney General, or any other state regulator.

Workforce management and employment stability are important operational issues for healthcare organizations, particularly during the COVID-19 pandemic. These operational issues fall under the board of directors' oversight responsibilities, which are heightened in times of crisis. On this episode of the Governing Health podcast, Michael Peregrine is joined by John Challenger, CEO of executive outplacement firm Challenger, Gray and Christmas, to discuss recent announcements from the Department of Labor (DOL) and Treasury Secretary Mnuchin on unemployment rates and the economic outlook for the United States as of May 2020.

Boards play a critical role in effectively overseeing hospitals and health systems, and their importance has been amplified during the Coronavirus (COVID-19) pandemic. In addition to responding to the current governance and oversight challenges, the law also expects directors to exercise oversight over business resiliency planning.

On this special episode of the Governing Health podcast, Michael Peregrine is joined by Brian Fortune, Senior Managing Director & Political Strategist at Farragut Square Group, and Eric Zimmerman, Principal of McDermott+Consulting, for a board-focused "primer" on the Biden, Sanders and Trump heathcare proposals. This episode explores:

• The difference between "Medicare for All" and the "Public Option," and the financial implications of each

• "Incremental" v. "Revolutionary" approaches to healthcare reform

• Potential timelines for healthcare reforms under Biden or Sanders leadership

• The role of price transparency, waivers for states and other Trump administration healthcare policy developments

• Key health policy issues boards should examine as they prepare for 2021

On this episode of the Governing Health podcast, Michael Peregrine and special guest Ken Kaufman, Managing Director and Chair at Kaufman Hall, discuss the state of the hospital and health system business model and how boards can lead the way in strategic planning that addresses this new business reality. This episode explores:

> New initiatives emerging from the major business disruptors in healthcare

> The importance of access, convenience and affordability

> Navigating the increasingly consumer-driven relationship between hospitals/health systems and their patients

> Digital healthcare as a new model for physician/patient relationships

> Lessons boards can apply to healthcare from disruption in the retail, technology and transportation industries

> How the board's strategic planning committee can socialize data review and progress towards an updated business model among their fellow board members