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?
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- Evaluate OCA, Inc. v. Hodges. See OCA, Inc. v. Hodges, 615 F. Supp. 2d 477 (E.D. La. 2009) at https://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?
- 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.
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