Healthcare GCs and CLOs Gather for a Highly Successful Virtual Institute
By Nas Panwar on March 21, 2021
“So much is happening in the delivery of healthcare, ranging from regulatory changes to managing complex organizations during unprecedented times, all while staying focused on what is most important—caring for patients and helping them to be well.”
After a decade of hosting the annual Healthcare Law & Compliance Institute in-person, IPMI successfully executed the 2021 iteration of the Institute in a Virtual environment. While no one could have predicted the effects of the pandemic, we were committed to creating space for networking, knowledge transfer, dialogue and collaboration amongst hospital and health system Legal Executives, and their partners, even if we could not (physically) be together.
2020 will be remembered as a year of dramatic shifts and unprecedented disruption. For healthcare General Counsel and Chief Legal Officers, the COVID-19 pandemic put an unexpected spotlight on the digital workplace and remote work, on crisis management, and on adapting to the uncertain legal landscape. Black Lives Matter and other Social Justice movements over the summer months also forced critical conversations. Underlying this was an existing set of challenges and opportunities around rapid consolidation, new care models, reduced reimbursement, physician employment and compensation challenges, and privacy and security concerns brought on by new technologies and population health management initiatives.
At the March 2021 Virtual Institute, hospital and health system lawyers considered, explored and discussed:
- How to use the new Stark Law and Anti-Kickback provisions to modernize, simplify and improve the delivery of quality care for their patients;
- The latest developments in antitrust-related investigations and litigation for alleged coordinated conduct with competitors, exclusionary conduct by dominant players, and exclusive agreements with payors, and whether antitrust enforcement in healthcare will change under a Biden-Harris Administration;
- The continuing challenge of innovation and what lies ahead for providers as they face the strategic and regulatory hurdles in the brave new world of digital health;
- The exponential rise in telehealth, and how to address compliance-related issues as well as how data analytics can assist in identifying aberrant trends and patterns in billing, coding, and reimbursement for proactive remediation;
- Using existing infrastructure and provider network to “retrofit” initiatives such as clinical networks, collaboratives, strategic joint ventures with physicians, value-based payment models, bundles, and efficiency programs, to take advantage of new opportunities in value-based care and risk-sharing;
- Health equity as one of the social imperatives of our time: with death rates skyrocketing this past year in areas that are poor, underserved and largely inhabited by people of color, health care delivery systems have recognized the need for new approaches to narrow the gap, and to implement a “social determinants of health” strategy;
- New interoperability, information blocking and patient access regulatory requirements stemming from the 21st Century Cures Act, including guidance on how to comply with the new requirements for health care providers;
- How to capitalize on increased opportunities for physician collaborations, hospital acquisitions, partnerships with niche management companies, creative clinical affiliations and CINs/ value based arrangements in the midst of the pandemic and the storm of recent regulatory changes;
- Creative ways that hospitals and health systems approached the historic financial pressures caused by the pandemic and the related prohibition on elective cases in many states, unprecedented job losses, giving way to a rise in the number of uninsured, and increased costs due to treatments for COVID-19 creating incredible demand for certain medical equipment and supplies; and
- How, as a result of the pandemic, a number of issues that had been internally “batted about” for years were operationalized quickly to meet the crisis in some form or fashion and how to continue / expand these initiatives to better position healthcare organizations not only for pandemics of the future, but to meet with greater performance success and operational efficiency going forward.
As we forge into 2021, hospital and health system General Counsel and Chief Legal Officers continue to be called upon to continue guiding, advising and navigating their organizations through ongoing change and uncertainty. Legal executives that attended the Virtual Institute were able to glean insights about new regulations, new rules and new requirements, as well as qualities and skill sets that they must continue to develop to provide legal advice in a business savvy manner that will enable their organizations to thrive in and respond to a continually evolving healthcare landscape.
To contribute to the next iteration of the Healthcare Law & Compliance Institute, whether sharing some insights and experiences as a member of the Speaker Faculty, suggesting topic areas for the agenda or joining the waiting list for attendance, please contact Nas Panwar at firstname.lastname@example.org.