Changing Expectations for Board Oversight of Healthcare Quality: The Emerging Paradigm

Journal of Health & Life Sciences Law, Vol. 2, No. 4, July 2009

49 Pages Posted: 19 Nov 2011 Last revised: 21 Nov 2011

See all articles by Valerie Gutmann Koch

Valerie Gutmann Koch

University of Houston Law Center; University of Chicago - MacLean Center for Clinical Medical Ethics

Tracy Miller

affiliation not provided to SSRN

Date Written: July 1, 2009

Abstract

Within healthcare institutions, leadership is an essential driver of expectations, performance, and culture. Yet boards of directors traditionally played a limited role in overseeing healthcare quality, providing final approval of credentialing decisions but deferring to the medical staff to set standards for the institution. Case law and standards provide little guidance for board performance in verseeing quality of care. Recent developments — the availability of comparative quality data, public reporting, and financial incentives for higher quality — have transformed expectations for board oversight. Enforcement of fraud and abuse laws based on poor quality of care, as well as federal standards for board oversight of healthcare quality and compliance, have set higher standards for board conduct. This article examines the emerging paradigm for board oversight of healthcare quality, and recommends how boards should proceed to meet their responsibilities in an era of comparative quality measures and transparency.

Suggested Citation

Gutmann Koch, Valerie and Miller, Tracy, Changing Expectations for Board Oversight of Healthcare Quality: The Emerging Paradigm (July 1, 2009). Journal of Health & Life Sciences Law, Vol. 2, No. 4, July 2009, Available at SSRN: https://ssrn.com/abstract=1961309

Valerie Gutmann Koch (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204
United States

University of Chicago - MacLean Center for Clinical Medical Ethics ( email )

5841 S Maryland Ave
Chicago, IL 60637-1470
United States

Tracy Miller

affiliation not provided to SSRN ( email )

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