Health Care Alliances and Conversions: A Handbook for Nonprofit Trustees / Edition 1

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Overview

In the past two decades countless nonprofit community hospitals and health care facilities have combined with for-profit institutions, joined large nonprofit systems, or converted to joint ventures with for-profit chains. As we enter the next millennium, this trend is accelerating.

Health Care Alliances and Conversions provides nonprofit directors with all the practical advice they need to plan for their institution's future and to create decision-making systems that will eliminate their risk of personal liability. This advice is particularly timely when it comes to nonprofit hospital conversions and alliances.

Health Care Alliances and Conversions provides nonprofit hospital directors and senior managers with practical guidance for understanding the numerous forms of conversions including the most controversial type of transactions—joint ventures with for-profit chains. The book is filled with the information and tools health care leaders need to plan for the future of their institutions and effectively evaluate their strategic partnering options.

In clear, concise, and non-legal language, authors James R. Schwartz and H. Chester Horn, Jr.—the nation's leading experts in the health care conversion field—explain nonprofit directors? fiduciary duties in these complex conversion transactions and offer practical advice that can help facilitate this difficult decision-making process. The book clarifies nonprofit directors? and trustees? responsibilities to the communities they serve and offers solid recommendations on how to manage the conversion process without damaging institutions? or directors? reputations.

The authors describe how to create marketing and valuation strategies that will meet the legal standards enforced by government regulators. They also reveal the steps for quickly closing a deal and provide the keys to avoiding pitfalls that can block approval. Step by step the book outlines how trustees and directors can protect themselves from personal liability, and explains the legal limitations on the use of conversion proceeds. In addition, the book is filled with easy-to-understand charts and tables that provide a handy reference summary of the legal duties that apply to these complex transactions.

A Blueprint for Effective Board Oversight and Action Filled with practical information and step-by-step guidance, Health Care Alliances and Conversions is an indispensable resource for directors and trustees who are coping with the decision to convert their not-for-profit health care institutions.

"James Schwartz and Chet Horn . . . are now the nation's leading experts on not-for-profit hospital sales and conversions. Reading this book is truly learning at the knee of the master. It is indispensable for not-for-profit boards of directors'from the Foreword by Linda Miller, president, Volunteer Trustees Foundation for Research and Education

"This book is a comprehensive primer in the arcane world of nonprofit hospital asset conversions. It is a -must read? for nonprofit hospital trustees who are contemplating a sale, lease, or joint venture with a for-profit company."—Bud Lee, president, California Association of Catholic Hospitals

"The guide for decision makers, a how-to-do-it manual for every nonprofit hospital director in America. Our country's health care will be much improved if directors buy and read this book."?Phillip L. Isenberg, of counsel with the firm of Hyde, Miller, Owen & Trost, Sacramento, California; former California State Assemblyman and author of California's law regulating the sale or joint venturing of nonprofit hospitals with for-profits

The book contains black-and-white illustrations.

This book is a ground-breaking tool for board members and community representatives coping with the decision to convert their not-for-profit health care institutions to for-profit status.

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Editorial Reviews

Booknews
Provides nonprofit hospital directors and senior managers with practical guidance for understanding the numerous forms of hospital conversions and alliances, including joint ventures with for-profit chains, the most controversial type of transaction. Explains nonprofit directors' fiduciary duties in these complex conversion transactions, clarifies directors' and trustees' responsibilities to communities they serve, and offers recommendations on how to manage the conversion process without damaging reputations of the institution or its directors. Annotation c. Book News, Inc., Portland, OR (booknew.com)
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Product Details

  • ISBN-13: 9780787941772
  • Publisher: Wiley
  • Publication date: 11/6/1998
  • Series: Business and Management Series
  • Edition description: 1 ED
  • Edition number: 1
  • Pages: 198
  • Product dimensions: 0.63 (w) x 7.00 (h) x 10.00 (d)

Meet the Author

JAMES R. SCHWARTZ is deputy attorney general with the California Attorney General's Office. He is the author of the California Attorney General's Review Protocol for Ownership of Control Transfers of Non-Profit Health Facilities and the principal drafter of California's hospital conversion law. Since 1995, Schwartz has had primary responsibility for overseeing all conversions of nonprofit hospitals within the state of California. H. CHESTER HORN is a deputy attorney general in the Charitable Trusts Section of the California Attorney General's office. Horn drafted the regulations implementing California's hospital conversion law and is coauthor of Deal Makers, Deal Breakers. Horn has reviewed more than a dozen hospital conversions valued at more than $1.5 billion.

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Table of Contents

Acknowledgments
The Authors
Foreword
Introduction
1 Fiduciary Obligations 1
2 Strategic Planning 13
3 Planning for the Post-Conversion Charity 35
4 Selling Your Hospital 53
5 Joint Ventures 83
6 Legal Protections for Directors and Trustees - and the Consequences for Failing to Use Them 121
App. A: Glossary 147
App. B The Law of Fiduciary Duties Affecting Directors and Trustees of Nonprofit Hospitals 151
Index 193
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