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

Alaska Bar Association Health Law SectionMay 3, 2007 Presented by: Dawn Carman, Alaska Native Tribal Health ConsortiumDick Monkman, Sonosky Chambers

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

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

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

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

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

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

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

How to Get Ethics Advice

Alaska RPCs and Ethics Opinions ABA Model Rules and Opinions Call your local ethics committee

member Call Bar Counsel

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

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