IN A HEALTHCARE BUSINESS ENTERPRISE
EVERY BUSINESS FACES RISK 
WHAT IS BUSINESS RISK?
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
EVERY BUSINESS FACES RISK 
UNEXPECTED CIRCUMSTANCES 
OF SUFFICIENT SEVERITY 
TO MATERIALLY IMPACT A BUSINESS’ 
OPERATIONAL CAPABILITY 
OR 
FINANCIAL INTEGRITY
UNEXPECTED 
DOES NOT MEAN 
UNFORESEEN
EVERY BUSINESS FACES RISK 
MAINTAINING A SYSTEMIC PROCESS 
TO IDENTIFY 
AND 
CONTAIN BUSINESS RISK 
IS A CORE FUNCTION 
OF MANAGEMENT
EVERY BUSINESS FACES RISK 
MAINTAINING A SYSTEMIC PROCESS 
TO IDENTIFY 
AND 
CONTAIN BUSINESS RISK 
IS A CORE FUNCTION 
OF MANAGEMENT
EVERY BUSINESS FACES RISK 
MAINTAINING A SYSTEMIC PROCESS 
TO IDENTIFY 
AND 
CONTAIN BUSINESS RISK 
IS A CORE FUNCTION 
OF MANAGEMENT
EVERY BUSINESS FACES RISK 
MAINTAINING A SYSTEMIC PROCESS 
TO IDENTIFY 
AND 
CONTAIN BUSINESS RISK 
IS A CORE FUNCTION 
OF MANAGEMENT
EVERY BUSINESS FACES RISK 
MAINTAINING A SYSTEMIC PROCESS 
TO IDENTIFY 
AND 
CONTAIN BUSINESS RISK 
IS A CORE FUNCTION 
OF MANAGEMENT
THE RISK MANAGEMENT 
PROCESS 
A FIVE STEP ROUTINE 
1. Discovery of Potential Loss Exposure 
2. Evaluation of Likelihood and Severity 
3. Selection of Control Strategy 
4. Implementation of Control Strategy 
5. Monitoring / Feedback / Correction
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
UNDISCOVERED LOSS 
EXPOSURES MUST NOT BE 
DISMISSED AS A 
“COST OF DOING BUSINESS”
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
UNDISCOVERED RISK 
YIELDS 
UNCONTROLLED RISK 
RETENTION
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
BE REALISTIC 
NOT EVERYTHING THAT 
CAN GO WRONG 
WILL GO WRONG
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
FOCUS MANAGEMENT 
ATTENTION 
ON THOSE UNEXPECTED 
EVENTS WHICH CAN CAUSE 
MATERIAL DAMAGE
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
TYPES OF LOSS EXPOSURE 
1. Property 
2. Liability 
3. Key Personnel 
4. Net Income
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
USE ALL AVAILABLE RESOURCES 
TO IDENTIFY RISKS 
1. Internal Resources 
2. Industry and Regulatory Resources 
3. Insurers 
4. Consultants
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
INTERNAL RESOURCES 
1. Survey your own people 
2. Consult your own history 
3. Diagram your processes 
4. Analyze your cash to cash cycle 
5. Ask yourself “What if ………?”
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
INDUSTRY AND REGULATORY 
RESOURCES 
1. Professional Societies like the American Academy of 
Dermatology 
2. Guidelines Promulgated by your Licensure Boards 
3. ASHRM – The American Society for Healthcare Risk 
Management (www.ashrm.org)
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
INSURERS 
1. Professional responsibility carriers provide training 
courses and guidance 
2. Property and casualty carriers also provide training 
and guidance
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
CONSULTANTS 
1. Industry-specific consultants can bring experience 
and fresh eyes 
2. Learn from the mistakes of others 
3. Knowledge of control techniques
EVALUATE EACH 
POTENTIAL LOSS EXPOSURE 
DIMENSIONS OF RISK 
1. Frequency 
2. Potential Severity 
3. Realistic Range of Loss
DISCOVERY OF POTENTIAL LOSS EXPOSURE 
BE REALISTIC 
NOT EVERYTHING THAT 
CAN GO WRONG 
WILL GO WRONG
EVALUATE EACH 
POTENTIAL LOSS EXPOSURE 
GOAL OF THE ANALYSIS? 
IDENTIFY A PRACTICAL 
RISK CONTROL STRATEGY
RISK CONTROL STRATEGIES 
TWO CATEGORIES 
1. OPERATIONAL 
2. FINANCING
RISK CONTROL STRATEGIES 
OPERATIONAL 
1. Risk Avoidance 
2. Loss Control 
3. Combination 
4. Transfers of Operational Risk
RISK CONTROL STRATEGIES 
OPERATIONAL 
1. Risk Avoidance 
2. Loss Control 
3. Combination 
4. Transfers of Operational Risk
RISK CONTROL STRATEGIES 
OPERATIONAL 
1. Risk Avoidance 
2. Loss Control 
3. Combination 
4. Transfers of Operational Risk
RISK CONTROL STRATEGIES 
LOSS CONTROL 
1. Prevention 
2. Mitigation 
3. Separation
RISK CONTROL STRATEGIES 
OPERATIONAL 
1. Risk Avoidance 
2. Loss Control 
3. Combination 
4. Transfers of Operational Risk
RISK CONTROL STRATEGIES 
OPERATIONAL 
1. Risk Avoidance 
2. Loss Control 
3. Combination 
4. Transfers of Operational Risk
RISK CONTROL STRATEGIES 
TWO CATEGORIES 
1. OPERATIONAL 
2. FINANCING
RISK CONTROL STRATEGIES 
FINANCING TECHNIQUES 
1. Non-insurance financing transfers 
2. Insurance 
3. Retention/Reserves
RISK CONTROL STRATEGIES 
NON-INSURANCE FINANCING TRANSFERS 
1. Contractual Indemnification 
2. Guaranties 
3. Warranties 
4. Common Law Indemnification 
5. Contribution
RISK CONTROL STRATEGIES 
NON-INSURANCE TRANSFERS 
RISK FINANCING OBLIGATIONS CAN 
BE TRANSFERRED 
FROM YOU OR TO YOU
RISK CONTROL STRATEGIES 
NON-INSURANCE TRANSFERS 
THE TRANSFER IS ONLY AS 
EFFECTIVE 
AS THE FINANCIAL CAPABILITY OF 
THE TRANSFERREE TO PAY THE BILL
RISK CONTROL STRATEGIES 
FINANCING TECHNIQUES 
1. Noninsurance financing transfers 
2. Insurance 
3. Retention/Reserves
RISK CONTROL STRATEGIES 
INSURANCE 
A risk financing technique 
with a financially responsible partner, 
but 
with strings attached.
RISK CONTROL STRATEGIES 
INSURANCE 
1. Scope of Coverage 
2. Adequacy of Amount 
3. Conditions on Claim 
4. Conditions on Payment
RISK CONTROL STRATEGIES 
FINANCING TECHNIQUES 
1. Noninsurance financing transfers 
2. Insurance 
3. Retention/Reserves
RISK CONTROL STRATEGIES 
RETENTION/RESERVES 
1. A decision to retain the financing burden of 
a risk should be made only after carefully 
evaluation. 
2. No risk should be retained without 
providing a specific and committed reserve.
THE RISK MANAGEMENT 
PROCESS 
A FIVE STEP ROUTINE 
1. Discovery of Potential Loss Exposure 
2. Evaluation of Likelihood and Severity 
3. Selection of Control Strategy 
4. Implementation of Control Strategy 
5. Monitoring / Feedback / Correction
IMPLEMENTATION OF THE 
CONTROL STRATEGY 
MAKE A PLAN 
1. Document the risk you have identified and the evaluation 
you have made. 
2. Document the reasons for your selection of a control 
technique 
3. Assign responsibility and set deadlines 
4. Follow through
THE RISK MANAGEMENT 
PROCESS 
A FIVE STEP ROUTINE 
1. Discovery of Potential Loss Exposure 
2. Evaluation of Likelihood and Severity 
3. Selection of Control Strategy 
4. Implementation of Control Strategy 
5. Monitoring / Feedback / Correction
THE RISK MANAGEMENT 
PROCESS 
RISK MANAGEMENT IS A 
CORE MANAGEMENT FUNCTION
THE RISK MANAGEMENT 
PROCESS 
MAINTAINING THE ENTERPRISE RISK 
MANAGEMENT PROCESS 
IS THE RESPONSIBILITY 
OF THE CHIEF EXECUTIVE OFFICER
Douglas O. Guffey 
Jaburg Wilk, PC 
3200 N Central Avenue, 20th Floor 
Phoenix, AZ 85012 
602-248-1039 
dog@jaburgwilk.com 
www.jaburgwilk.com

Managing Risk in a Healthcare Enterprise

  • 1.
    IN A HEALTHCAREBUSINESS ENTERPRISE
  • 2.
    EVERY BUSINESS FACESRISK WHAT IS BUSINESS RISK?
  • 3.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 4.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 5.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 6.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 7.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 8.
    EVERY BUSINESS FACESRISK UNEXPECTED CIRCUMSTANCES OF SUFFICIENT SEVERITY TO MATERIALLY IMPACT A BUSINESS’ OPERATIONAL CAPABILITY OR FINANCIAL INTEGRITY
  • 9.
    UNEXPECTED DOES NOTMEAN UNFORESEEN
  • 10.
    EVERY BUSINESS FACESRISK MAINTAINING A SYSTEMIC PROCESS TO IDENTIFY AND CONTAIN BUSINESS RISK IS A CORE FUNCTION OF MANAGEMENT
  • 11.
    EVERY BUSINESS FACESRISK MAINTAINING A SYSTEMIC PROCESS TO IDENTIFY AND CONTAIN BUSINESS RISK IS A CORE FUNCTION OF MANAGEMENT
  • 12.
    EVERY BUSINESS FACESRISK MAINTAINING A SYSTEMIC PROCESS TO IDENTIFY AND CONTAIN BUSINESS RISK IS A CORE FUNCTION OF MANAGEMENT
  • 13.
    EVERY BUSINESS FACESRISK MAINTAINING A SYSTEMIC PROCESS TO IDENTIFY AND CONTAIN BUSINESS RISK IS A CORE FUNCTION OF MANAGEMENT
  • 14.
    EVERY BUSINESS FACESRISK MAINTAINING A SYSTEMIC PROCESS TO IDENTIFY AND CONTAIN BUSINESS RISK IS A CORE FUNCTION OF MANAGEMENT
  • 15.
    THE RISK MANAGEMENT PROCESS A FIVE STEP ROUTINE 1. Discovery of Potential Loss Exposure 2. Evaluation of Likelihood and Severity 3. Selection of Control Strategy 4. Implementation of Control Strategy 5. Monitoring / Feedback / Correction
  • 16.
    DISCOVERY OF POTENTIALLOSS EXPOSURE UNDISCOVERED LOSS EXPOSURES MUST NOT BE DISMISSED AS A “COST OF DOING BUSINESS”
  • 17.
    DISCOVERY OF POTENTIALLOSS EXPOSURE UNDISCOVERED RISK YIELDS UNCONTROLLED RISK RETENTION
  • 18.
    DISCOVERY OF POTENTIALLOSS EXPOSURE BE REALISTIC NOT EVERYTHING THAT CAN GO WRONG WILL GO WRONG
  • 19.
    DISCOVERY OF POTENTIALLOSS EXPOSURE FOCUS MANAGEMENT ATTENTION ON THOSE UNEXPECTED EVENTS WHICH CAN CAUSE MATERIAL DAMAGE
  • 20.
    DISCOVERY OF POTENTIALLOSS EXPOSURE TYPES OF LOSS EXPOSURE 1. Property 2. Liability 3. Key Personnel 4. Net Income
  • 21.
    DISCOVERY OF POTENTIALLOSS EXPOSURE USE ALL AVAILABLE RESOURCES TO IDENTIFY RISKS 1. Internal Resources 2. Industry and Regulatory Resources 3. Insurers 4. Consultants
  • 22.
    DISCOVERY OF POTENTIALLOSS EXPOSURE INTERNAL RESOURCES 1. Survey your own people 2. Consult your own history 3. Diagram your processes 4. Analyze your cash to cash cycle 5. Ask yourself “What if ………?”
  • 23.
    DISCOVERY OF POTENTIALLOSS EXPOSURE INDUSTRY AND REGULATORY RESOURCES 1. Professional Societies like the American Academy of Dermatology 2. Guidelines Promulgated by your Licensure Boards 3. ASHRM – The American Society for Healthcare Risk Management (www.ashrm.org)
  • 24.
    DISCOVERY OF POTENTIALLOSS EXPOSURE INSURERS 1. Professional responsibility carriers provide training courses and guidance 2. Property and casualty carriers also provide training and guidance
  • 25.
    DISCOVERY OF POTENTIALLOSS EXPOSURE CONSULTANTS 1. Industry-specific consultants can bring experience and fresh eyes 2. Learn from the mistakes of others 3. Knowledge of control techniques
  • 26.
    EVALUATE EACH POTENTIALLOSS EXPOSURE DIMENSIONS OF RISK 1. Frequency 2. Potential Severity 3. Realistic Range of Loss
  • 27.
    DISCOVERY OF POTENTIALLOSS EXPOSURE BE REALISTIC NOT EVERYTHING THAT CAN GO WRONG WILL GO WRONG
  • 28.
    EVALUATE EACH POTENTIALLOSS EXPOSURE GOAL OF THE ANALYSIS? IDENTIFY A PRACTICAL RISK CONTROL STRATEGY
  • 29.
    RISK CONTROL STRATEGIES TWO CATEGORIES 1. OPERATIONAL 2. FINANCING
  • 30.
    RISK CONTROL STRATEGIES OPERATIONAL 1. Risk Avoidance 2. Loss Control 3. Combination 4. Transfers of Operational Risk
  • 31.
    RISK CONTROL STRATEGIES OPERATIONAL 1. Risk Avoidance 2. Loss Control 3. Combination 4. Transfers of Operational Risk
  • 32.
    RISK CONTROL STRATEGIES OPERATIONAL 1. Risk Avoidance 2. Loss Control 3. Combination 4. Transfers of Operational Risk
  • 33.
    RISK CONTROL STRATEGIES LOSS CONTROL 1. Prevention 2. Mitigation 3. Separation
  • 34.
    RISK CONTROL STRATEGIES OPERATIONAL 1. Risk Avoidance 2. Loss Control 3. Combination 4. Transfers of Operational Risk
  • 35.
    RISK CONTROL STRATEGIES OPERATIONAL 1. Risk Avoidance 2. Loss Control 3. Combination 4. Transfers of Operational Risk
  • 36.
    RISK CONTROL STRATEGIES TWO CATEGORIES 1. OPERATIONAL 2. FINANCING
  • 37.
    RISK CONTROL STRATEGIES FINANCING TECHNIQUES 1. Non-insurance financing transfers 2. Insurance 3. Retention/Reserves
  • 38.
    RISK CONTROL STRATEGIES NON-INSURANCE FINANCING TRANSFERS 1. Contractual Indemnification 2. Guaranties 3. Warranties 4. Common Law Indemnification 5. Contribution
  • 39.
    RISK CONTROL STRATEGIES NON-INSURANCE TRANSFERS RISK FINANCING OBLIGATIONS CAN BE TRANSFERRED FROM YOU OR TO YOU
  • 40.
    RISK CONTROL STRATEGIES NON-INSURANCE TRANSFERS THE TRANSFER IS ONLY AS EFFECTIVE AS THE FINANCIAL CAPABILITY OF THE TRANSFERREE TO PAY THE BILL
  • 41.
    RISK CONTROL STRATEGIES FINANCING TECHNIQUES 1. Noninsurance financing transfers 2. Insurance 3. Retention/Reserves
  • 42.
    RISK CONTROL STRATEGIES INSURANCE A risk financing technique with a financially responsible partner, but with strings attached.
  • 43.
    RISK CONTROL STRATEGIES INSURANCE 1. Scope of Coverage 2. Adequacy of Amount 3. Conditions on Claim 4. Conditions on Payment
  • 44.
    RISK CONTROL STRATEGIES FINANCING TECHNIQUES 1. Noninsurance financing transfers 2. Insurance 3. Retention/Reserves
  • 45.
    RISK CONTROL STRATEGIES RETENTION/RESERVES 1. A decision to retain the financing burden of a risk should be made only after carefully evaluation. 2. No risk should be retained without providing a specific and committed reserve.
  • 46.
    THE RISK MANAGEMENT PROCESS A FIVE STEP ROUTINE 1. Discovery of Potential Loss Exposure 2. Evaluation of Likelihood and Severity 3. Selection of Control Strategy 4. Implementation of Control Strategy 5. Monitoring / Feedback / Correction
  • 47.
    IMPLEMENTATION OF THE CONTROL STRATEGY MAKE A PLAN 1. Document the risk you have identified and the evaluation you have made. 2. Document the reasons for your selection of a control technique 3. Assign responsibility and set deadlines 4. Follow through
  • 48.
    THE RISK MANAGEMENT PROCESS A FIVE STEP ROUTINE 1. Discovery of Potential Loss Exposure 2. Evaluation of Likelihood and Severity 3. Selection of Control Strategy 4. Implementation of Control Strategy 5. Monitoring / Feedback / Correction
  • 49.
    THE RISK MANAGEMENT PROCESS RISK MANAGEMENT IS A CORE MANAGEMENT FUNCTION
  • 50.
    THE RISK MANAGEMENT PROCESS MAINTAINING THE ENTERPRISE RISK MANAGEMENT PROCESS IS THE RESPONSIBILITY OF THE CHIEF EXECUTIVE OFFICER
  • 51.
    Douglas O. Guffey Jaburg Wilk, PC 3200 N Central Avenue, 20th Floor Phoenix, AZ 85012 602-248-1039 dog@jaburgwilk.com www.jaburgwilk.com

Editor's Notes

  • #14 A logical and continuous process
  • #15 Contrast with entrepreneurial function of identifying business opportunity and weighing potential benefit against potential cost.
  • #21 Think outside the box. A risk to property can be a risk of obsolescence. A risk to key personnel can be failure to maintain needed skills or even things like drug dependency and depression.
  • #24 ASHRM publishes a Journal
  • #25 ASHRM publishes a Journal
  • #26 ASHRM publishes a Journal
  • #27 ASHRM publishes a Journal
  • #29 ASHRM publishes a Journal
  • #34 Example: Fire