The United Nations Commission on International Trade Law (“UNCITRAL”), has issued its “Report of Working Group II (Dispute Settlement) on the work of its sixty-ninth session (New York, 4–8 February 2019).” 

In recent years, research into artificial intelligence (AI) has transformed multiple fields including visual perception and speech recognition. The International Data Corporation (IDC) estimates that worldwide spending on AI systems totaled $19.1 billion in 2018. 

Dr. Roy Shapira, Stigler Center, University of Chicago Booth School of Business Fellow and Radzyner Law School, Interdisciplinary Center (IDC) faculty member, has published “Mandatory Arbitration and the Market for Reputation,” Boston University Law Review, Vol. 99 (forthcoming). 

A Los Angeles Superior Court judge has overturned an arbitrator’s $128 million punitive damages award that was issued against Fox Entertainment over a profit participation scheme involving its long-running television series “Bones,” while leaving a $50 million non-punitive damages award in place.

By Holly Hayes Marc Bard, MD and Mike Nugent, authors of “Accountable Care Organization, Your Guide to Strategy, Design and Implementation” provide a list of elements common to most ACOs. As described in our previous post , there is still a great deal of ambiguity about the definition of an ACO. The American Hospital Association (AHA) has developed a list of key questions (see below) to ask in the development of an ACO. Bard and Nugent provide this set of attributes that will be common to most ACOs: Effective, collaborative, enlightened leadership made up of both physicians and professional administrators A culture that supports clinical and operational integration, care redesign, operating efficiency, innovation, and systemness A medical home model for primary care providers able to provide care management, coordination, integration, and patient navigation Comprehensive patient registries to identify high-risk patients and offer services to mitigate risk A broad array of clinical specialists within or in relationship with the ACO One or more acute care hospitals, including associated ambulatory care sites, even though this is not required in the legislation Affiliations, partnerships, joint ventures, or joint operating agreements with subacute care facilities with well-developed management that links and coordinates care across settings Medical risk-management functions that have previously been the purview of payers Supportive compensation, incentive, and reward systems that align with what the market values and is willing to pay for Systems and processes to encourage, manage, and reward patient “stickiness” – the propensity of patients to choose to say within the system for all their care. The AHA in their June 2010 Accountable Care Organizations AHA Research Synthesis Report list the following key questions to consider in the development and implementation of an ACO: What are the key competencies required of ACOs? How will ACOs address physician barriers to integration? What are the legal and regulatory barriers to effective ACO implementation? How can ACOs maintain patient satisfaction and engagement? How will quality benchmarks be established? How will savings be shared among ACOs? Future posts on the development of the ACO will examine the relationships between physicians and other physicians and hospitals and physicians in the development of a successful ACO. We welcome your comments. Technorati Tags: Healthcare Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.

By Holly Hayes A Wall Street Journal article from last week, titled “The Future of U.S. Health Care”, asks in the subtitle: “What is a Hospital? An Insurer? Even a Doctor? All the Lines in the Industry are Starting to Blur”. The same questions apply to the development of the Accountable Care Organization (ACO). Marc Bard and Mike Nugent provide some comprehensive answers about ACOs in their book: “Accountable Care Organizations, Your Guide to Strategy, Design, and Implementation”. Although only four pages of the Patient Protection and Affordable Care Act of 2010 (PPACA) address the development and deployment of the ACO, no other aspect of the PPACA, with the exception of Medicare rate regulation has received as much attention as the ACO. Bard and Nugent describe four perspectives in the health care industry on the intent of ACOs: Those passionate about clinical quality improvement see the ACO as a means to achieve their goals. Those driven by the need for greater efficiency and cost management see the ACO as a potential pathway to that end. Those seeking improvements in population management see the ACO as a potential step in the right direction. Those focused on physician development and alignment see the ACO as an opportunity to achieve those goals. The successful implementation of an ACO must integrate all four perspectives. The authors state, “In brief, the ACO is not really an entity as much as it is a contractual relationship that consists of delivery and financing tactics between an organized healthcare delivery system and CMS or another payer to provide measurably high quality care efficiently and to share the benefits of efficient delivery with CMS (and possibly with patients)”. How those “contractural relationships” are developed will predict the success of the ACO model. We welcome your thoughts on building healthy relationships as part of a successful ACO. Technorati Tags: Healthcare Holly Hayes is a mediator at Karl Bayer, Dispute Resolution Expert where she focuses on mediation of health care disputes. Holly holds a B.A. from Southern Methodist University and a Masters in Health Administration from Duke University. She can be reached at holly@karlbayer.com.