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Ethics and Corporate Compliance for Health Care Entities: Any Potential Conflicts of Interest?

Ethics and Corporate Compliance for Health Care Entities: Any Potential Conflicts of Interest?. Alaska Bar Association Health Law Section May 3, 2007 Presented by: Dawn Carman, Alaska Native Tribal Health Consortium Dick Monkman, Sonosky Chambers. Today’s Goal.

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Ethics and Corporate Compliance for Health Care Entities: Any Potential Conflicts of Interest?

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  1. Ethics and Corporate Compliancefor Health Care Entities: Any Potential Conflicts of Interest? Alaska Bar Association Health Law Section May 3, 2007 Presented by: Dawn Carman, Alaska Native Tribal Health Consortium Dick Monkman, Sonosky Chambers

  2. Today’s Goal • To review duties and loyalties of health lawyers and compliance officers • To discuss potential conflict of interest situations facing health lawyers • How do they arise? • How do you spot them? • How do you work through them? • Q&A

  3. Overview • General Counsel as Compliance Officer • Hospital medical staff vs. administration • Compliance Officer reporting to the feds • Health care professional licensure issues • Attorneys on medical ethics committees • How to get ethics advice

  4. General Counsel As Compliance Officer • Federal and professional organization guidance • ABA/HCCA professional conduct rules • Shared roles • Distinct roles • GC as CO less common in health care • Conflicts and dual role safeguards

  5. Hospital Medical Staff Versus Administration • Nature of administration/medical staff relationship • Medical staff bylaw and rules issues • Policy conflicts • Peer review problems – HCQIA and Robson • Emergency discipline situations

  6. Compliance Officer Reporting to the Feds • OIG Provider Self-Disclosure Protocol • Compliance work at most level not privileged • Working under direction of counsel • Privilege and work product • The Thompson Memo waiver • Self disclosure • Disagreement on self disclosure conflict

  7. Health Care ProfessionalLicensure Issues • Proper licensure a condition of employment and medical staff membership • Variety of licensing agencies: state, federal, sometimes local • Advising professionals of rights and remedies • Reporting issues • Conflicts arising from disclosures

  8. Attorneys on Medical Ethics Committees • Law and ethics similarities/differences • Lawyers on committee • Contribution of legal knowledge • Hospital attorney on committee • Lawyers as medical ethics consultants • Hazards of legalism • Conflict of obligations

  9. How to Get Ethics Advice • Alaska RPCs and Ethics Opinions • ABA Model Rules and Opinions • Call your local ethics committee member • Call Bar Counsel

  10. Resources • Alaska Rules of Professional Conduct • http://www.state.ak.us/courts/prof.htm • American Bar Association • http://www.abanet.org/cpr/mrpc/mrpc_toc.html • American Health Lawyer’s Association • http://www.healthlawyers.org/ • Health Care Compliance Association • http://www.hcca-info.org/AM/Template.cfm?Section=Home • American Medical Association • http://www.ama-assn.org/apps/pf_new/pf_online?f_n=browse&doc=policyfiles/HnE/E-9.11.HTM&&s_t=&st_p=&nth=1&prev_pol=policyfiles/HnE/E-8.21.HTM&nxt_pol=policyfiles/HnE/E-9.01.HTM&

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