Advising Health Care Boards on Achieving Fiduciary “Effectiveness”
*Originally Published By Health Law Weekly
Constituents, regulators, and observers of corporate governance are increasingly focused on the “effectiveness” of board performance: the extent to which its existing governance practices and orientation are consistent with (or exceed) industry standards and recognized principles. This is especially the case in an industry as diverse and challenging as health care, where governance conduct is continuously being pressured by events and perceptions.
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Because “effectiveness” measurements directly impact the law of fiduciary duty and relate to third-party concerns with legal standards of director conduct, the organization’s chief legal officer is well-positioned to advise the leadership team in connection with “effectiveness” measures.
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