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ESG in Healthcare: Addressing Key Considerations and Risks

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, March 23, 2023

Recorded event now available

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This CLE webinar will guide healthcare counsel on ESG in the healthcare industry. The panel will discuss the increased focus on ESG and the key risks and benefits that healthcare providers and administrators need to consider in light of the legal and regulatory framework in which these organizations operate. The panel will discuss the risks and considerations from multiple perspectives, and dissect the issues in the E, S and G.

Description

Like other industries, healthcare has seen increased interest from regulators, investors/donors, communities, staff, counsel, insurers and clients regarding organizational attention to ESG (Environmental, Social and Governance) principles and practices. An appropriate commitment to ESG principles and practices- whether called ESG or something else- can enhance the awareness and culture of responsibility within an organization and improve government, employee, patient and public relations in a way that may significantly reduce risk and positively affect culture immediately and over time. More directly, with pending federal proposals to require ESG reporting for publicly traded companies, and with the public and Congress increasingly focused on questions about the continuing validity of tax-exempt status of non-profit hospitals, a commitment to ESG principles and practices may be an imperative for some healthcare organizations. From proper waste disposal (E), to executive, professional and staff compensation and benefits policies (S), to Board composition, incentives and processes (G), ESG principles and practices are important considerations for healthcare organizations.

On the opposite side of the ESG momentum are antitrust concerns raised against the ESG movement. At the close of 2022, certain members of Congress raised alarm and called for investigations into whether certain organizations acting collectively in the name of ESG are violating antitrust laws. Although the antitrust concerns are primarily focused on environmental activist organizations that are seeking to exert influence in the fossil fuel industry, they raise broader questions about the level of care needed when undertaking ESG initiatives.

Listen as our authoritative panel of healthcare attorneys examines ESG in the healthcare industry. The panel will discuss the increased focus on ESG and the key risks and benefits that healthcare providers and administrators need to consider in light of the legal and regulatory framework in which these organizations operate. The panel will discuss the risks and considerations from multiple perspectives, and dissect the issues in the E, S and G.

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Outline

  1. Overview of ESG’s Importance in Healthcare
    1. What it means for healthcare investors/donors, communities, staff, counsel, insurers and patients
    2. How ESG fits in the unique regulatory structure of healthcare, including Federal fraud and abuse laws and state provider licensing and corporate practice of medicine (CPOM) laws
    3. How ESG influences and impacts other pressing healthcare priorities and needs, such as professional staffing shortages, financial integrity, regulatory compliance, advancing value-based care, DEI and health equity
    4. How ESG influences transactions and questions of value
  2. Policy issues and key considerations
    1. A 2023 overview of the laws and regulations that may be implicated by ESG practices and policies (or lack of ESG policies and practices), including antitrust laws
    2. A balanced look at the risks and risk mitigation questions for undertaking-- or not undertaking-- ESG strategies
    3. Case studies of implementation questions for ESG, in light of the legal and regulatory questions that must be addressed

Benefits

The panel will review these and other important issues:

  • How is the healthcare industry responding to the increased demand and focus on ESG?
  • What factors should healthcare organizations consider when integrating ESG priorities?
  • What kinds of tools and metrics can healthcare organizations employ to monitor ESG performance?

Faculty

Ferrari, Andrea
Andrea M. Ferrari, JD, MPH

Principal and General Counsel
Pinnacle Healthcare Consulting

Ms. Ferrari has more than 25 years of experience in the healthcare industry in various counsel, consulting and...  |  Read More

Jacobs, Clevonne
Vonne M. Jacobs

Of Counsel
Hall Render Killian Heath & Lyman

Ms. Jacobs focuses her practice in the area of healthcare transactions. Calling upon her years of dedicated experience,...  |  Read More

White, Christine
Christine L. White

Vice President - Office of Legal Affairs
Northwell Health

Ms. White has assisted Northwell in advancing its commitment to improve and expand the scope and accessibility of...  |  Read More

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