Hidden Risks of Boilerplate Clauses in Healthcare Contracts: Avoiding Unintended Consequences, Implementing Practical Solutions
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide healthcare counsel using boilerplate provisions in healthcare contracts. The panel will discuss identifying and avoiding the pitfalls of boilerplate contract clauses in these agreements. The panel will also provide insight into structuring individualized language to fit the circumstances of the transaction.
Outline
- Common boilerplate clauses
- Entire agreement clauses
- Arbitration
- Remedy
- Survival of reps and warranties
- Merger
- Multiple agreements
- No third-party beneficiaries
- Jury waiver
- Assignment
- Notice
- Waiver
- Force majeure
- Choice of law and jurisdiction
- Pitfalls of cutting and pasting provisions
- Practical application of boilerplate clauses in healthcare contracts
Benefits
The panel will review these and other key issues:
- What strategies should healthcare counsel consider when drafting boilerplate clauses?
- Which boilerplate clauses present the most significant challenges for healthcare entities and their counsel?
- What pitfalls should attorneys watch out for when using boilerplate language? How can boilerplate provisions result in unintended consequences?
Faculty
Heather R. Alleva
Attorney
Baker Donelson Bearman Caldwell & Berkowitz
Ms. Alleva represents health care providers in various transactions, including mergers, acquisitions, affiliations,... | Read More
Ms. Alleva represents health care providers in various transactions, including mergers, acquisitions, affiliations, provider integrations, joint ventures, management services organization models, and other strategic affiliations. She also counsels clients on regulatory and compliance matters, including state and federal regulations governing health care providers, state and federal fraud and abuse matters, professional licensing issues, changes of ownership, payor enrollment, and Health Insurance Portability and Accountability Act compliance. Ms. Alleva advises clients with respect to disclosure of compliance issues to state, federal and commercial payors. She assists with internal investigations related to potential compliance concerns, including billing investigations, and has experience preparing, submitting, and resolving matters under various self-disclosure protocols. She also represents clients in settling reimbursement disputes with state, federal, and commercial payors.
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John R. Washlick
Shareholder
Buchanan Ingersoll & Rooney
Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the... | Read More
Mr. Washlick focuses his practice on healthcare transactions and corporate compliance. He is Co-Chair of the firm’s Health Care Industry Team. Mr. Washlick has as experience in structuring, negotiating and documenting a variety of complex business transactions, including M&As, joint operating agreements, joint ventures, clinical co-management agreements, academic and clinical affiliations, and contractual relationships among providers and with third-party payors. He is also a recognized authority on federal income tax issues involving tax-exempt organizations and the Anti-Kickback Statute and the Stark Law.
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