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Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 1
BUILDING A BETTER ORGANIZATION BY COLLABORATING WITH OTHER
BUSINESS PARTNERS:RISKS AND BENEFITS
BUILDING A BETTER ORGANIZATION BY COLLABORATING WITH OTHER
BUSINESS PARTNERS:RISKS AND BENEFITS
Martin J. Bree, MBA, MHA, JDMelinda Malecki, JD, MS
March 28, 2008
Martin J. Bree, MBA, MHA, JDMelinda Malecki, JD, MS
March 28, 2008
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 2
Organizational Collaboration:
A process in which organizations exchange information, alter activities, share
resources, and enhance each other’s capacity for mutual benefit and a common purpose by sharing risks, responsibilities
and rewards. (Arthur Himmelman).
Organizational Collaboration:
A process in which organizations exchange information, alter activities, share
resources, and enhance each other’s capacity for mutual benefit and a common purpose by sharing risks, responsibilities
and rewards. (Arthur Himmelman).
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 3
The difference between collaborating and cooperating is the willingness of
organizations to enhance each other’s capacity for mutual benefit
and a common purpose. (Himmelman).
The difference between collaborating and cooperating is the willingness of
organizations to enhance each other’s capacity for mutual benefit
and a common purpose. (Himmelman).
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 4
Why this is an emerging trend for community health centers:
Need for more Primary Care Services Desire to conserve resources Providers see the value of the CHC’s
skills and resources CHC’s can FURTHER carry out their mission of
providing community health care
Why this is an emerging trend for community health centers:
Need for more Primary Care Services Desire to conserve resources Providers see the value of the CHC’s
skills and resources CHC’s can FURTHER carry out their mission of
providing community health care
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 5
Examples of Types of Collaborative Relationships
Examples of Types of Collaborative Relationships
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 6
1. CHC contracts with Hospital to operate primary care clinic(s) on hospital campus or inside the Hospital. CHC is given complete control of the operation. It is a “site” of the CHC.
1. CHC contracts with Hospital to operate primary care clinic(s) on hospital campus or inside the Hospital. CHC is given complete control of the operation. It is a “site” of the CHC.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 7
Documentation: Collaborative Agreement
Grant and Support Agreement
Lease (fair market value)
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required
Documentation: Collaborative Agreement
Grant and Support Agreement
Lease (fair market value)
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 8
2. CHC contracts with Hospital to operate the Hospital-owned clinic on the Hospital’s campus.
2. CHC contracts with Hospital to operate the Hospital-owned clinic on the Hospital’s campus.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 9
Documentation: Management and Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required.
Documentation: Management and Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 10
3. CHC joint ventures with Hospital for ambulatory care facility off Hospital’s campus
3. CHC joint ventures with Hospital for ambulatory care facility off Hospital’s campus
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 11
Documentation: Collaborative Agreement
Management Agreement
Services Agreement
FTCA coverage not clear, depends on employment relationships of staff with deemed entity. At a minimum. prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Documentation: Collaborative Agreement
Management Agreement
Services Agreement
FTCA coverage not clear, depends on employment relationships of staff with deemed entity. At a minimum. prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 12
4. CHC contracts with local health department to operate one of the health department’s clinics.
4. CHC contracts with local health department to operate one of the health department’s clinics.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 13
Documentation: Service(s) Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. Health Department employees not protected. FTCA technical assistance recommended.
Documentation: Service(s) Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. Health Department employees not protected. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 14
5. CHC rents space in local health department and operates health center site inside health department facility.
5. CHC rents space in local health department and operates health center site inside health department facility.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 15
Documentation: Lease (FMV) Service Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Documentation: Lease (FMV) Service Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 16
6. CHC sub-grants to local health department. Local health department operates a health center as a subgrantee.
6. CHC sub-grants to local health department. Local health department operates a health center as a subgrantee.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 17
Documentation: Grant and Support Agreement
Notice of Grant Award that authorizes the subgrant. CHC functioning as a grantor but still responsible for HRSA.
Separate deeming application for the grantee and subgrantee required for FTCA coverage. FTCA technical assistance recommended.
Documentation: Grant and Support Agreement
Notice of Grant Award that authorizes the subgrant. CHC functioning as a grantor but still responsible for HRSA.
Separate deeming application for the grantee and subgrantee required for FTCA coverage. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 18
7. CHC contracts with local health department to provide staff to health department clinic.
7. CHC contracts with local health department to provide staff to health department clinic.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 19
Documentation: Management / Staffing Agreement
This needs to be within scope to have potential FTCA coverage—may need gap coverage. FTCA technical assistance recommended.
Documentation: Management / Staffing Agreement
This needs to be within scope to have potential FTCA coverage—may need gap coverage. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 20
8. CHC contracts with teaching institution to operate a medical residency program where CHC employs residents and educates them about primary care and/or community medicine
8. CHC contracts with teaching institution to operate a medical residency program where CHC employs residents and educates them about primary care and/or community medicine
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 21
Documentation: Employment Agreement (Residency Agreements should be proposed by academic center)
FTCA may not cover all activities of the residents. HRSA has limited FTCA coverage.
Documentation: Employment Agreement (Residency Agreements should be proposed by academic center)
FTCA may not cover all activities of the residents. HRSA has limited FTCA coverage.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 22
9. CHC “A” contracts with CHC “B” to take B’s third trimester OB patients because B no longer provides deliveries. A sends its staff to B to see the patients in the third trimester.
9. CHC “A” contracts with CHC “B” to take B’s third trimester OB patients because B no longer provides deliveries. A sends its staff to B to see the patients in the third trimester.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 23
Documentation: Services Agreement?
FTCA coverage can be a problem when A’s staff are at center B. FTCA technical assistance highly recommended.
Documentation: Services Agreement?
FTCA coverage can be a problem when A’s staff are at center B. FTCA technical assistance highly recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 24
10. CHCs “A” and “B” desire to share staff. 10. CHCs “A” and “B” desire to share staff.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 25
Documentation: Staff Sharing Agreement
Overhead Sharing Agreement
Management Agreement if one employs all of them and “leases “back” to the
other
FTCA coverage can be a problem when staff staff are leased. FTCA technical assistance recommended.
Documentation: Staff Sharing Agreement
Overhead Sharing Agreement
Management Agreement if one employs all of them and “leases “back” to the
other
FTCA coverage can be a problem when staff staff are leased. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 26
11. CHC contracts with school district in remote community to provide emergency coverage in schools.
11. CHC contracts with school district in remote community to provide emergency coverage in schools.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 27
Documentation: Service Agreement to Provide Emergency Coverage
Will you call 911? Consider an Emergency Transfer Agreement
FTCA coverage can be a problem. Are these students considered health center patients? A particularized determination may be required. Technical Assistance highly recommended.
Documentation: Service Agreement to Provide Emergency Coverage
Will you call 911? Consider an Emergency Transfer Agreement
FTCA coverage can be a problem. Are these students considered health center patients? A particularized determination may be required. Technical Assistance highly recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 28
12. CHC contracts with local government to operate primary care facility in correctional institution.
12. CHC contracts with local government to operate primary care facility in correctional institution.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 29
Documentation: Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required.
Documentation: Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 30
13. CHC contracts with nursing home to provide primary care to all nursing home residents. (Not medical director)
13. CHC contracts with nursing home to provide primary care to all nursing home residents. (Not medical director)
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 31
Documentation: Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Documentation: Services Agreement
For FTCA protection prior approval from BPHC in form of an approved change in scope application is required. FTCA technical assistance recommended.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 32
14. CHC contracts with V.A. Hospital to see V.A. patients at the CHC. (Not medical director)
14. CHC contracts with V.A. Hospital to see V.A. patients at the CHC. (Not medical director)
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 33
Documentation: Services Agreement
No FTCA issues so long as veterans are seen at the health center and provided services in the approved scope of project.
Documentation: Services Agreement
No FTCA issues so long as veterans are seen at the health center and provided services in the approved scope of project.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 34
In any contractual arrangement consider at least:
1. Term2. Termination without cause provision3. Compensation4. Confidentiality Agreements5. Restrictive Covenants6. Indemnity Provisions7. Ask if they have a standard agreement
In any contractual arrangement consider at least:
1. Term2. Termination without cause provision3. Compensation4. Confidentiality Agreements5. Restrictive Covenants6. Indemnity Provisions7. Ask if they have a standard agreement
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 35
Example of Integrated Behavioral Health Collaborative Relationship between CHC and two other parties:
Example of Integrated Behavioral Health Collaborative Relationship between CHC and two other parties:
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 36
Background
1. Research indicates individuals are more likely to access mental health treatment through primary care providers
2. Integrated model presents an opportunity for increased access to care and enhanced clinical outcomes
3. Three main components of the collaboration: primary care, parenting support program and community outreach
4. Parties: CHC, Mental Health Center, School of Professional Psychology
Background
1. Research indicates individuals are more likely to access mental health treatment through primary care providers
2. Integrated model presents an opportunity for increased access to care and enhanced clinical outcomes
3. Three main components of the collaboration: primary care, parenting support program and community outreach
4. Parties: CHC, Mental Health Center, School of Professional Psychology
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 37
Purpose
To provide clinically integrated services focused on the prevention, reduction or treatment of social or emotional dysfunction or stress that has a negative impact on the health or quality of life by the individual or family served.
Purpose
To provide clinically integrated services focused on the prevention, reduction or treatment of social or emotional dysfunction or stress that has a negative impact on the health or quality of life by the individual or family served.
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 38
Principles of Collaboration:
- broader access to health and mental/behavioral health care
- improved communication among healthcare providers leading to better care coordination and few clinical errors
- enhanced patient and family satisfaction- opportunities for mutual teaching and learning
across healthcare disciplines- improved patient/consumer health/mental health
status and clinical outcomes
Principles of Collaboration:
- broader access to health and mental/behavioral health care
- improved communication among healthcare providers leading to better care coordination and few clinical errors
- enhanced patient and family satisfaction- opportunities for mutual teaching and learning
across healthcare disciplines- improved patient/consumer health/mental health
status and clinical outcomes
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 39
“In this partnership we are building on our historical commitment to mental and emotional wellness of children, youth and parents by offering an array of services that includes counseling, educational presentations. . .for youth. Now, in partnership with CHC, we can ensure that children and parents from a variety of communities will have access to these essential behavior healthcare services.” President and CEO of Mental Health Center
“In this partnership we are building on our historical commitment to mental and emotional wellness of children, youth and parents by offering an array of services that includes counseling, educational presentations. . .for youth. Now, in partnership with CHC, we can ensure that children and parents from a variety of communities will have access to these essential behavior healthcare services.” President and CEO of Mental Health Center
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 40
How is this operationalized?How is this operationalized?
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 41
Example of a Result of this Collaboration (2007)
20% of adolescents engaged in ongoing counseling for an identified risk
Example of a Result of this Collaboration (2007)
20% of adolescents engaged in ongoing counseling for an identified risk
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 42
Legal relationship: Service Agreements between CHC and the Mental Health Center and CHC and the Academic Program
Legal relationship: Service Agreements between CHC and the Mental Health Center and CHC and the Academic Program
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 43
The Collaboration Process very brieflyThe Collaboration Process very briefly
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 44
Identify Potential Partner
Hedgehog Theory
Identify Potential Partner
Hedgehog Theory
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 45
Build a Win/Win Strategy Build a Win/Win Strategy
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 46
Consider implications for FTCA coverage
Consider implications for FTCA coverage
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 47
Legal Structuring / documentation of the relationship
– To memorialize the relationship – To protect rights of CHC– To ensure compliance with laws
Legal Structuring / documentation of the relationship
– To memorialize the relationship – To protect rights of CHC– To ensure compliance with laws
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 48
Risk Management Implications
– All parties carry own insurance– Other parties indemnify CHC
Risk Management Implications
– All parties carry own insurance– Other parties indemnify CHC
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 49
Quality Implications
– CHC monitors quality data from collaboration as part of its Quality Management Program
Quality Implications
– CHC monitors quality data from collaboration as part of its Quality Management Program
Triton Group, LLC. Lebow, Malecki & Tasch, LLC. 50
Further reading
Collins, Jim, Good to Great
Himmelman, Arthur T. Collaboration for a change, Definitions, Decision-making models, Roles and Collaboration Process Guide. [email protected].
Further reading
Collins, Jim, Good to Great
Himmelman, Arthur T. Collaboration for a change, Definitions, Decision-making models, Roles and Collaboration Process Guide. [email protected].