Board Governance
ArentFox Schiff advises health care enterprise governing boards, officers, executives, and general counsel on complex fiduciary and governance oversight matters.
Our team has a wealth of insight in navigating such complex and dynamic issues, arising from experience as general counsel to health care organizations and drawing on the firm’s broad capabilities in transactional, regulatory, government investigation, and policy matters. As trusted advisors, we offer our clients nuanced guidance to help them advance business, strategic, and compliance objectives.
Our Focus
Advising on health care governance issues is a skill set distinct from broader health care transactional or regulatory matters. Our health care governance group, comprised entirely of seasoned health care attorneys, has extensive experience counseling governing boards and committees, as well as executives and general counsel, on these projects.
We handle a wide array of matters involving fiduciary duties, board composition and structure, execution of board oversight responsibilities, governance-executive relationships, governance interaction with legal and compliance officers, board education, and legal responsibilities of the board itself. We are able to counsel the spectrum of health sector clients, ranging from large health systems to health sector investors and their portfolio companies, on the unique governance challenges associated with the health care industry, including strategy and reimbursement trends, solvency, mergers and acquisitions, religious affiliations, due diligence, executive compensation, tax-exemption and nonprofit requirements, conflicts of interest, government enforcement, enterprise risk, and regulatory trends.
How We Help
We bring value to our clients by providing practical guidance to all facets of health sector governance. Each member of our team brings decades of experience to this complex area, which allows us to offer advice with confidence and clarity. Our capabilities are enhanced by our ability to access the firm’s health policy, regulatory, government investigations and transactional capabilities, as needed.
What We Do
We assist our health sector clients on health governance issues in several different contexts. Our work can be forward-focused and strategic, or entail the resolution of an immediate challenge or opportunity:
- Review and revision of corporate documents related to governance, for compliance with state and federal law and inclusion of governance best practices
- Development and implementation of preferred governance structure for a corporate reorganization
- Due diligence oversight and resolution of governance considerations associated with a merger, acquisition, or strategic partnerships and affiliations
- Advice and assistance related to governance requirements for accreditation
- Advice regarding a prospective investment in the health sector, and the resulting fiduciary and risk considerations
- Enterprise risk management implementation and oversight
- Best practices for governance oversight of clinical, quality, patient safety, and risk management operations
- Audit and Compliance committees of the board
- Fiduciary oversight of innovations in health care, including value-based purchasing, risk assumption in payer contracting, technology-based health care delivery, commercialization of research, and non-traditional collaborations Accordion Toggle
