Healthcare Board of Directors: Meeting Governance and Compliance Challenges

The federal government continues efforts to curb fraud and abuse in the healthcare industry, and shareholders of publicly traded healthcare companies have become more active. As a result, the oversight role of healthcare boards is under heightened scrutiny on all fronts.

Counsel to directors and trustees of healthcare facilities must evaluate and advise adjustments to governance practices to minimize vulnerabilities and anticipate future risks. Failure to exercise adequate oversight may result in government enforcement, shareholder litigation and negative publicity.

Listen as our authoritative panel of healthcare attorneys examines the impact of heightened government and shareholder scrutiny on healthcare board governance and offers compliance strategies for counsel to healthcare boards to minimize legal liability.

1. Indicators that healthcare board may be ineffective
2. Evolving law of fiduciary duty
3. Governance and compliance best practices
   1. Procedures to discourage fraud and misbehavior
   2. Risk management policies
   3. Risk assessment
   4. Budgeting for internal controls and compliance monitoring
   5. D&O insurance and indemnification arrangements
4. The future of board governance

The panel will review these and other key issues:

• What fiduciary duties of healthcare board directors are most significant in an environment of heightened regulatory enforcement?
• What best practices should counsel recommend when advising healthcare boards on minimizing risk vulnerabilities?
• What protection does the business judgment rule presumption provide to directors and officers?