1.Evaluate the OIG's 2005 Special Bulletin on Joint Ventures to help a hospital understand its latitude for entering into joint ventures with physicians. What is a potentially problematic contractual arrangement? Do you think the guidance is too restrictive or not restrictive enough?Why or why not?

2.EvaluateOCA, Inc. v. Hodges. See OCA, Inc. v. Hodges, 615 F. Supp. 2d 477 (E.D. La. 2009) athttps://www.courtlistener.com/opinion/1515235/oca-inc-v-hodges/What contracting lessons can be learned from this case? What contracting practices would you adopt to avoid the problems encountered in this case?

3.Many organizations add an alternative dispute resolution (ADR) clause to a contract to require the parties to settle a dispute by negotiation, mediation or arbitration. Evaluate the pros and cons of each type of clause.Indicate which you prefer and why.

Links:

• Successfully Negotiating Managed Care Contracts (HFMA)https://www.hfma.org/topics/trends/16658.html
• Four Conflict Negotiation Strategies for Resolving Value-Based Disputes, Harvard Program on Negotiationhttps://www.pon.harvard.edu/daily/dispute-resolution/four-negotiation-strategies-for-resolving-values-based-disputes/
• Effective Use of Mediation and Arbitration in Health Care Disputes,R. Wayne Thorpe, JAMShttps://www.jamsadr.com/files/uploads/documents/articles/thorpe-healthcare-disputes-bloomberg-2011.pdf
• The Jury is Out:Mandating Pre-Treatment Arbitration Clauses in Patient Intake Contracts, Sarah Sachs, Journal of Dispute Resolution 2(16) 2018https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1813&context=jdr
• AAA-ICDR Clause Draftinghttps://www.adr.org/Clauses